[9-4-2018]
The purpose of this Article is to indicate which land uses may
locate in each zoning district and under what requirements; and which
land uses may not locate therein. Certain land uses may locate in
a given district as a matter of right upon compliance with special
regulations for such a land use. A further distinction is made for
land uses which may locate in a given district only upon obtaining
a conditional use permit.
The allowable land uses for each zoning district are established in Chapter 2 of this chapter. Detailed descriptions and regulations for uses are found in §§ 5-3-6 through 5-3-18. Even if a land use may be indicated as permitted by right or requiring a conditional use in a particular district, such a land use may not necessarily be permitted or permissible on any or every property in such district. No land use is permitted or permissible on a property unless it can be located on it or implemented in full compliance with all of the applicable standards and regulations of this chapter or unless an appropriate variance has been granted pursuant to § 5-10-41. For land uses not specifically listed, the Zoning Administrator shall make an interpretation to identify a comparable use or determine if an amendment to this chapter is necessary.
(1)
Principal land uses permitted by right. Principal land uses listed as permitted by right (designated by the letter "P" in § 5-3-5) are permitted per the general land use requirements of this Article; per the density, intensity, and bulk regulations of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay districts; per all other applicable requirements of this chapter; and per any and all other applicable City, county, state, and federal regulations.
(2)
Principal land uses permitted as conditional uses. Principal land uses allowed only with a conditional use permit (designated by the letter "C" in § 5-3-5) may be permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (1), above, plus any additional requirements applicable to that particular land use imposed as part of the conditional use permit process established in § 5-10-28. Except for uses approved under a general development plan and specific implementation plan in a planned development (see § 5-10-33), all uses requiring a conditional use permit shall comply with the procedural requirements of § 5-10-28.
(3)
Accessory land uses. Accessory land uses are allowed subject to all the requirements and exceptions applicable to principal land uses permitted by right as listed in Subsection (1), above. Accessory land uses allowed only with a conditional use permit are subject to all the requirements and exceptions applicable to principal land uses requiring a conditional use permit as listed in Subsection (2), above.
(4)
Temporary land uses. Temporary land uses permitted by right (designated by the letter "P" in the Table of Land Uses in § 5-3-5) are permitted on a temporary basis subject to permitting requirements of § 5-10-29 of this chapter. Temporary land uses permitted only with a conditional use permit (designated by the letter "C" in the Table of Land Uses) may be permitted subject to temporary use and conditional use permitting requirements of § 5-10-28 and § 5-10-29.
All uses of land initiated within the jurisdiction of this chapter
on, or following, the effective date of this chapter shall comply
with all of the provisions of this chapter.
(1)
Land use regulations and requirements. All uses of land shall comply
with all the regulations and requirements of this chapter. Such regulations
directly relate to the protection of the health, safety, and general
welfare of the residents of the City of Monroe.
(3)
Overlay zoning district requirements. All land use and/or development of land shall comply with all the regulations and requirements any applicable overlay zoning district (See Chapter 6).
(4)
Performance standards. All development of land shall comply with all applicable requirements established in Chapter 7.
(5)
Landscape regulations. All development of land shall comply with all the regulations and requirements of Chapter 8 pertaining to the provision of landscaping and bufferyards. Such requirements address issues such as minimum required landscaping of developed land and minimum required provision of bufferyards between adjoining zoning districts which are directly related to the effective bulk of a structure.
(6)
Signage regulations. All land use and/or development of land shall comply with all requirements of Chapter 9, pertaining to the configuration and amount of signage permitted on property. Such requirements address issues such as the maximum area of permitted signage and the number and configuration of permitted signage.
(8)
Residential uses in nonresidential buildings. With the exception of mixed-use buildings described under § 5-3-10, and home occupation land uses, no building containing a nonresidential land use shall contain a residential land use.
(9)
Number of land uses per building. No more than one nonresidential land use shall be permitted in any building with the following exception: multiple permitted-by-right land uses are allowed in a multibusiness building and only require review by the Zoning Administrator to confirm the proposed tenants are permitted. Examples include a multitenant office building; a strip mall; an antique mall; a downtown building mixing office, personal or professional services, and indoor sales and service land uses; and other arrangements with multiple permitted uses in one or more occupied spaces. A land use which is regulated as a conditional use may only occupy multitenant buildings as approved through the conditional use process (§ 5-10-28) or a successor conditional use.
(10)
Accessory uses. Accessory uses may be allowed where they comply with
the following conditions and requirements:
(a)
Separation from principal structures. Detached accessory buildings
shall be located a minimum of five feet from a residential dwelling
unit on the same lot, except where the structure will be constructed
to fire-rating standards of the Uniform Dwelling Code. The "separation"
distance between a dwelling unit and accessory structure is determined
by measuring the perpendicular distance from wall to wall of the structures.
Minor attachments such as handrails, latticework, trellises, or pergolas
may be located in the required separation area and do not render the
structures attached for setback purposes.
(b)
All accessory structures exceeding 80 square feet in area shall
have a foundation or concrete slab.
(c)
Accessory land uses and structures shall not be located within
the required front or street yard setback. This applies to corner,
single-frontage, and double-frontage lots.
(d)
With the exception of an in-home suite or accessory dwelling
unit, in no instance shall an accessory structure, unfinished cellar,
unfinished basement, tent, or recreational trailer be used as a residence.
(e)
Conversion of accessory structures to dwellings. The conversion
of any accessory structure into a dwelling so as to accommodate an
increased number of dwelling units or families shall be permitted
only within a district in which a new building for similar occupancy
would be permitted under this Title 5. The resulting occupancy will
comply with the requirements governing new construction in such district,
including minimum lot size, lot area per dwelling unit, building of
lot coverage, dimensions of yards and other open spaces, and off-street
parking.
(f)
Accessory structures without principal structure. No accessory
structure shall be erected or constructed prior to the erection or
construction of the principal structure, paved areas, or below-grade
improvements.
(11)
Group and large development requirements. A group or large development may include any of the land uses in this chapter that is permitted by right or by conditional use permit in the subject zoning district. All uses and/or development of land within a group or large development shall comply with all requirements of § 5-7-2.
(13)
Nonconforming lots, uses, structures, and site requirements.
(a)
Land uses not in conformance with the requirements of the applicable zoning district shall be subject to the special limitations and exceptions as established in Chapter 5. Land uses located on substandard lots or on nonconforming lots or in nonconforming structures shall comply with all the regulations and requirements of Chapter 5.
(b)
Substandard lots are buildable, provided the structures meet
all other requirements of this chapter. Substandard lots shall only
be used for one single-family residence (where permitted) or a permitted
nonresidential use.
(14)
Site plan review required. All development involving physical modifications to a site including but not limited to certain types of new development, building or paving expansions, and redevelopment are subject to site plan review and approval in accordance with § 5-10-31 of this Title 5, except for single-family and two-family dwelling units on individual lots in any zoning district.
(15)
Procedural regulations and requirements. All land use and/or development of land shall comply with all requirements of Chapter 10, pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements.
The land use categories employed by this chapter are defined in § 5-3-6 through § 5-3-18. Land use categories which are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 5-10-10 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this chapter.
[11-7-2022]
The Table of Land Uses on the following pages is provided as
a convenience for the City and the general public. Where there are
conflicts between the text of this chapter and the Table of Land Uses,
the text shall prevail.
Rural Holding (RH-35)
|
Single Family Residential - 3 (SR-3)
|
Single Family Residential - 4 (SR-4)
|
Single Family Residential - 5 (SR-5)
|
Single Family Residential - 7 (SR-7)
|
Duplex Residential - 8 (DR-8)
|
One & Two-Family Res. - 10 (TR-10)
|
Multi-Family Residential - 15 (MR-15)
|
Multi-Family Residential - 30 (MR-30)
|
Mobile Home Residential - 7 (MH-7)
|
Neighborhood Mixed Use (NMU)
|
Institutional (I)
|
Suburban Mixed Use (SMU)
|
Urban Mixed Use (UMU)
|
Central Mixed Use (CMU)
|
Intensive Outdoor Activity (IOA)
|
Business Park (BP)
|
Light Industrial (LI)
|
Heavy Industrial (HI)
|
Extraction (EX)
|
Land Uses Permitted:
Refer to the detailed definitions and requirements listed for
each land use on the following pages.
P: By Right
C: By conditional use permit
P/C: Refer to specific requirements for that land use to determine
if a conditional use permit is required
| |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Residential Land Uses (§ 5-3-6)*
| |||||||||||||||||||||
P
|
(1) Single-family 35-acre lot
|
Dwelling Unit Types
| |||||||||||||||||||
C
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(1) Single-family 12,000 sq. ft. lot
| |||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
(1) Single-family 9,000 sq. ft. lot
| |||||||||||||||
P
|
P
|
P
|
P
|
P
|
(1) Single-family 7,200 sq. ft. lot
| ||||||||||||||||
P
|
P
|
P
|
P
|
(1) Single-family 5,000 sq. ft. lot
| |||||||||||||||||
P
|
P
|
(2) Two-flat 7,200 sq. ft. lot
| |||||||||||||||||||
P
|
C
|
(3) Twin house - 2 3,600 sq. ft. lots
| |||||||||||||||||||
P
|
C
|
(4) Duplex 4,200 sq. ft. lot
| |||||||||||||||||||
P
|
P
|
C
|
(5) Townhouse (3-4 units)
| ||||||||||||||||||
C
|
P
|
(5) Townhouse (5-8 units)
| |||||||||||||||||||
P
|
P
|
C
|
(6) Multiplex (3-4 units)
| ||||||||||||||||||
C
|
P
|
(6) Multiplex (5-8 units)
| |||||||||||||||||||
P
|
P
|
C
|
(7) Apartment (3-4 units)
| ||||||||||||||||||
C
|
P
|
(7) Apartment (5-8 units)
| |||||||||||||||||||
C
|
(7) Apartment (9+ units)
| ||||||||||||||||||||
P
|
(8) Mobile home
| ||||||||||||||||||||
P
|
(9) Mobile home subdivision
| ||||||||||||||||||||
C
|
(10) Mobile home park
| ||||||||||||||||||||
C
|
C
|
C
|
(11) Boarding house
| ||||||||||||||||||
Agricultural Land Uses (§ 5-3-7)*
| |||||||||||||||||||||
P
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(1) Cultivation
| ||
C
|
(2) Husbandry
| ||||||||||||||||||||
C
|
(3) On-site agricultural retail
| ||||||||||||||||||||
C
|
(4) Intensive agriculture
| ||||||||||||||||||||
C
|
(5) Agricultural services
| ||||||||||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
P
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(6) Community garden
| ||
P
|
C
|
C
|
C
|
C
|
(7) Market garden
| ||||||||||||||||
Institutional Land Uses (§ 5-3-8)*
| |||||||||||||||||||||
C
|
C
|
C
|
(1) Indoor institutional
| ||||||||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(2) Outdoor open space institutional
| |||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(3) Passive outdoor recreation
| |||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
C
|
C
|
(4) Active outdoor recreation
| |||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
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P
|
(5) Essential services
| |||
C
|
C
|
C
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C
|
(6) Large-scale public services and utilities
| |||||||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(7) Community living arrangement (1-8 residents)
| ||||||
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
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C
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C
|
(8) Community living arrangement (9-15 residents)
| |||||||
C
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C
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C
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C
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C
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C
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C
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(9) Community living arrangement (16+ residents)
| ||||||||||||||
C
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C
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C
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C
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(10) Institutional residential
| |||||||||||||||||
Commercial Land Uses (§ 5-3-9)*
| |||||||||||||||||||||
P
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P
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P
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P
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P
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P
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P
|
P
|
(1) Office
| |||||||||||||
P
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P
|
P
|
P
|
P
|
P
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P
|
P
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(2) Personal or professional service
| |||||||||||||
P
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P
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P
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P
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(3) Indoor sales or service
| |||||||||||||||||
P
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P
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P
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P
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P
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(4) Outdoor display
| ||||||||||||||||
P
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C
|
P
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P
|
P
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P
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P
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P
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(5) Artisan production shop
| |||||||||||||
C
|
P
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P
|
P
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P
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P
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(6) Physical activity studio
| |||||||||||||||
P
|
C
|
P
|
P
|
P
|
P
|
P
|
P
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P
|
(7) Commercial kitchen
| ||||||||||||
C
|
P
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P
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P
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C
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C
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(8) Indoor commercial entertainment
| |||||||||||||||
C
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C
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C
|
C
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C
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C
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(9) Outdoor commercial entertainment
| |||||||||||||||
C
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P
|
P
|
C
|
(10) Drive-through and in-vehicle sales or service
| |||||||||||||||||
C
|
C
|
C
|
P
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P
|
(11) Cheese slicing and packaging
| ||||||||||||||||
C
|
C
|
C
|
P
|
P
|
P
|
C
|
C
|
(12) Group daycare center
| |||||||||||||
P
|
P
|
P
|
P
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P
|
(13) Commercial animal boarding/daycare
| ||||||||||||||||
C
|
P
|
(14) Bed-and-breakfast
| |||||||||||||||||||
C
|
C
|
(15) Vacation rental home
| |||||||||||||||||||
C
|
C
|
C
|
C
|
(16) Commercial indoor lodging
| |||||||||||||||||
C
|
(17) Campground
| ||||||||||||||||||||
C
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(18) Indoor maintenance service
| ||||||||||||
C
|
P
|
(19) Outdoor maintenance service
| |||||||||||||||||||
P
|
P
|
P
|
(20) Vehicle sales
| ||||||||||||||||||
C
|
C
|
P
|
P
|
(21) Vehicle service and repair
| |||||||||||||||||
C
|
(22) Intensive outdoor activity
| ||||||||||||||||||||
C
|
(23) Adult-oriented entertainment business
| ||||||||||||||||||||
Mixed Use Buildings (§ 5-3-10)*
| |||||||||||||||||||||
P
|
P
|
P
|
P
|
(1) Apartments with limited commercial
| |||||||||||||||||
P
|
P
|
P
|
P
|
(2) Mixed-use building
| |||||||||||||||||
C
|
P
|
P
|
P
|
P
|
(3) Live/work unit
| ||||||||||||||||
Industrial Land Uses (§ 5-3-11)
| |||||||||||||||||||||
P
|
P
|
P
|
C
|
(1) Light industrial
| |||||||||||||||||
P
|
(2) Heavy industrial
| ||||||||||||||||||||
C
|
C
|
P
|
P
|
(3) Production greenhouse
| |||||||||||||||||
C
|
C
|
C
|
C
|
(4) Indoor food cultivation and farming
| |||||||||||||||||
P
|
P
|
(5) Indoor food production and processing
| |||||||||||||||||||
Storage Uses (§ 5-3-12)*
| |||||||||||||||||||||
C
|
P
|
P
|
P
|
C
|
(1) Indoor storage and wholesaling
| ||||||||||||||||
C
|
C
|
P
|
(2) Outdoor storage and wholesaling
| ||||||||||||||||||
C
|
C
|
C
|
(3) Personal storage facility
| ||||||||||||||||||
Transportation Land Uses (§ 5-3-13)*
| |||||||||||||||||||||
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(1) Transit center
| |||||||||||
C
|
P
|
(2) Distribution center
| |||||||||||||||||||
C
|
(3) Freight terminal
| ||||||||||||||||||||
C
|
C
|
(4) Airport
| |||||||||||||||||||
C
|
C
|
C
|
(5) Heliport
| ||||||||||||||||||
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(6) Off-site parking lot
| ||||||||||
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(7) Off-site structured parking
| ||||||||||
Telecommunication Land Uses (§ 5-3-14)*
| |||||||||||||||||||||
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(1) Communication tower
| ||
Extraction & Disposal Land Uses (§ 5-3-15)
| |||||||||||||||||||||
C
|
(1) Extraction
| ||||||||||||||||||||
C
|
C
|
(2) Composting
| |||||||||||||||||||
C
|
(3) Recycling and waste disposal
| ||||||||||||||||||||
C
|
(4) Salvage or junkyard
| ||||||||||||||||||||
C
|
C
|
(5) Sand and mineral processing
| |||||||||||||||||||
Energy Production Land Uses (§ 5-3-16)
| |||||||||||||||||||||
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(1) Large wind energy system
| ||
C
|
C
|
C
|
(2) Large solar energy system
| ||||||||||||||||||
Accessory Land Uses (§ 5-3-17)
| |||||||||||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
(1) Residential accessory structure
| ||||||
P
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P
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P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
(2) Recreational facility
| ||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
P
|
(3) Landscape feature
| |
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(4) Residential kennel
| |||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(5) Home occupation
| ||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
(6) In-home daycare, 4-8 children
| ||||||
C
|
C
|
C
|
C
|
C
|
C
|
(7) Accessory dwelling unit
| |||||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
(8) In-family suite
| ||||||
P
|
(9) Farm residence
| ||||||||||||||||||||
C
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(10) Migrant employee housing
| ||||||||||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
P
|
(11) Nonresidential accessory structure
| |
P
|
(12) Residential stable
| ||||||||||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
P
|
(13) On-site parking lot
| |
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
C
|
(14) On-site structured parking
| ||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(15) Company cafeteria
| ||||||||||||
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
(16) Incidental outdoor display
| |||||||||||||
P
|
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
(17) Incidental indoor sales
| ||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
(18) Incidental light industrial
| |||||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(19) Incidental outdoor storage
| |||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
P
|
(20) Satellite dish
| |
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
P
|
(21) Personal antenna and towers
| |
P
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
P
|
P
|
(22) Communication antenna
| |
P
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
P
|
P
|
P
|
(23) Small wind energy system
| |
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
P
|
(24) Small solar energy system
| |
C
|
C
|
C
|
C
|
C
|
(25) Residential apiary
| ||||||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(26) Tourist rooming house
| |
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(27) Electric vehicle charging station
| |
Temporary Land Uses (§ 5-3-18)
| |||||||||||||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(1) Temporary moving container (residential)
| |||
P
|
P
|
P
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
P
|
(2) Temporary outdoor storage container (nonresidential)
| ||||||||||
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(3) Garage or estate sale
| |||||||||||
C
|
C
|
C
|
C
|
C
|
C
|
P
|
C
|
C
|
(4) Farmer's market
| ||||||||||||
P
|
(5) Temporary farm product sales
| ||||||||||||||||||||
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
(6) Temporary outdoor sales
| |||||||||||||||
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
C
|
C
|
(7) Temporary outdoor assembly
| ||||
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
(8) Temporary on-site construction storage
| ||
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
(9) Temporary contractor's project office
| ||
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
(10) Temporary on-site real estate sales office
| ||
C
|
C
|
P
|
P
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
(11) Temporary relocatable building
| |||||||||||
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(12) Temporary shelter structure
| |
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
P/C
|
(13) Temporary vehicle sales
|
(1)
Single-family dwelling unit: This dwelling unit type consists of
a fully detached single-family residence which is located on an individual
lot. Single-family dwelling units are designed for one family and
have no roof, wall, or floor in common with any other dwelling unit.
A single-family dwelling that contains an in-family suite is still
considered a single-family dwelling. Regulations:
(a)
The dwelling unit shall 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 UCD or
a manufactured home that has received a Federal Manufactured Housing
Certificate label.
(b)
The dwelling shall be attached to a finished, permanent foundation
such as a poured concrete slab or basement meeting UDC requirements.
(d)
Minimum required parking: Two spaces.
1.
One "stacked" parking space in a driveway shall count toward
the minimum parking requirement, provided that the parking space is
no less than eight feet in width and 18 feet in depth.
(e)
The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for single-family dwelling units. Specific requirements for single-family dwelling units can be found in Chapter 2 under the density, intensity, and bulk requirements for each residential zoning district.
(2)
Two-flat: This dwelling unit type consists of a single structure
with two separate residences each having a private individual access
and no shared internal access other than entry foyers and halls. Two-flats
are attached units within a two-story structure with one unit above
the other.
Regulations:
(a)
In the case where any dwelling unit is under separate ownership,
evidence that covenants specifying respective obligations with regard
to any common structures, such as the shared wall, roof, and other
inseparable improvements, is required.
(b)
This dwelling unit type may not be split into additional residences.
(d)
Minimum required parking: Two spaces per dwelling unit.
(e)
One "stacked" parking space in a driveway shall count toward
the minimum parking requirement, provided that the parking space is
no less than eight feet in width and 18 feet in depth.
(f)
The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for two-flat land uses. Specific requirements for two-flats can be found in Chapter 2 under the density, intensity, and bulk requirements for each residential zoning district.
(3)
Twin house: This dwelling unit type consists of two separate residences,
each having a private individual access and no shared internal access.
Similar to duplexes, twin houses are attached side-by-side units,
each with a ground floor and roof. Unlike duplexes, each dwelling
unit in a twin house is located on a separate lot.
Regulations:
(a)
In the case where any dwelling unit is under separate ownership,
evidence that covenants specifying respective obligations with regard
to any common structures, such as the shared wall, roof, and other
inseparable improvements, is required.
(b)
This dwelling unit type may not be split into additional residences.
(d)
Minimum required parking: Two spaces per dwelling unit.
(e)
The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for twin house land uses. Specific requirements for twin houses can be found in Chapter 2 under the density, intensity, and bulk requirements for each residential zoning district.
(4)
Duplex: This dwelling unit type consists of two separate residences,
each having a private individual access and no shared internal access.
Similar to twin houses, duplexes are attached side-by-side units,
each with a ground floor and roof. Unlike twin houses, the two dwelling
units in a duplex are located on one lot.
Regulations:
(a)
In the case where any dwelling unit is under separate ownership,
evidence that covenants specifying respective obligations with regard
to any common structures, such as the shared wall, roof, and other
inseparable improvements, is required.
(b)
This dwelling unit type may not be split into additional residences.
(d)
Minimum required parking: Two spaces per dwelling unit.
(e)
One "stacked" parking space per driveway shall count toward
the minimum parking requirement, provided that the parking space is
no less than eight feet in width and 18 feet in depth.
(f)
The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for duplex land uses. Specific requirements for duplexes can be found in Chapter 2 under the density, intensity, and bulk requirements for each residential zoning district.
(5)
Townhouse: This dwelling unit type consists of attached, two-story
residences, each having a private, individual access. This dwelling
unit type may be located on its own lot or within a group development.
Each dwelling unit shares at least one common wall with an adjacent
dwelling unit.
Regulations:
(a)
No more than eight and no less than three townhouse dwelling
units may be attached per building.
(b)
In the case where any dwelling unit is under separate ownership,
evidence that covenants specifying respective obligations with regard
to any common structures, such as the shared wall, roof, and other
inseparable improvements, is required.
(c)
This dwelling unit type may not be split into additional residences.
(e)
Minimum required parking: Two spaces per dwelling unit containing
zero, one, or two bedrooms, plus 0.5 space per additional bedroom
over two bedrooms per unit.
(f)
The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for townhouse land uses. Specific requirements for townhouses can be found in Chapter 2 under the density, intensity, and bulk requirements for each residential zoning district.
(6)
Multiplex: This dwelling unit type consists of three or more individual
attached dwelling units which have private, individual exterior entrances.
Regulations:
(a)
In the case where any dwelling unit is under separate ownership,
evidence that covenants specifying respective obligations with regard
to any common structures, such as the shared wall, roof, and other
inseparable improvements, is required.
(b)
This dwelling unit type may not be split into additional residences.
(d)
Minimum required parking: Two spaces per dwelling unit containing
zero, one, or two bedrooms, plus 0.5 space per additional bedroom
over two bedrooms per unit. One guest parking space shall be provided
for every three dwelling units.
(e)
The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for multiplex land uses. Specific requirements for multiplexes can be found in Chapter 2 under the density, intensity, and bulk requirements for each residential zoning district.
(7)
Apartment: This dwelling unit type consists of a single structure
with three or more individual attached dwelling units which take access
from a shared entrance or hallway.
Regulations:
(a)
In the case where any dwelling unit is under separate ownership,
evidence that covenants specifying respective obligations with regard
to any common structures, such as the shared wall, roof, and other
inseparable improvements, is required.
(b)
Group developments shall meet the standards of § 5-7-2. This dwelling unit type may not be split into additional residences.
(d)
Minimum required parking: Two spaces per dwelling unit containing
zero, one, or two bedrooms, plus 0.5 space per additional bedroom
over two bedrooms per unit. One guest parking space shall be provided
for every three dwelling units.
(e)
The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for apartment land uses. Specific requirements for apartments can be found in Chapter 2 under the density, intensity, and bulk requirements for each residential zoning district.
(8)
Mobile home: A type of dwelling unit suitable for year-round occupancy designed to be towed as a single unit or in sections, with or without a permanent foundation, with walls of rigid, uncollapsible construction, and with water supply, sewage disposal, and electrical convenience. A mobile home includes both a "mobile home" and a "manufactured home" as defined by Wisconsin Statutes. Any similar dwelling unit which has its own motor or remains on wheels shall be considered a recreational vehicle. A modular home is a home meeting the Uniform Building Code that is transported to the building site in sections, does not have a permanent chassis, and is permanently mounted on a permanent foundation. A modular home is regulated as a single-family dwelling unit under § 5-3-6(1).
Regulations:
(a)
No mobile home shall be split into two or more residences.
(b)
Within 30 days of occupancy, the owner shall remove the axle
and install skirting.
(d)
Minimum required parking: Two spaces per dwelling unit.
(e)
The following figure is intended to provide a graphic depiction of the setback and dimensional requirements for mobile home land uses. Specific requirements for mobile homes can be found in Chapter 2 under the density, intensity, and bulk requirements for each residential zoning district.
(9)
Mobile home subdivision: This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile homes. Each lot and mobile home must meet the requirements listed under § 5-3-6(8), above.
Regulations:
(10)
Mobile home park: This land use is a form of residential development which is exclusively reserved for individually sold or rented air right pads containing mobile homes. Each mobile home must meet the requirements listed under § 5-3-6(8), above.
Regulations:
(11)
Boarding house: A residential land use where occupancy of a dwelling
unit is shared by six or more unrelated adult individuals.
(a)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 0.60 along all property borders abutting residentially
zoned property.
(b)
Boarding houses require a license and an annual on-site inspection
is required to confirm full compliance with all zoning and building
code requirements.
(c)
Outdoor storage shall be restricted to rear yards and may include
storage of such things as motorized vehicles in assigned parking spaces,
bicycles, carry-in nonmotorized watercraft, outdoor seating, and grills.
(d)
Minimum required parking: One space per each bedroom for rent
within the dwelling unit.
(1)
Cultivation: Operations primarily oriented to the on-site, outdoor
raising of plants for commercial purposes. Cultivation includes the
raising of trees 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.
Regulations:
(a)
Cultivation is not permitted on vacant, improved lots.
(b)
Minimum required parking: One space per employee on the largest work shift. [See § 5-7-11(19)(b) for surfacing requirements for agricultural uses.]
(2)
Husbandry. All operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit per acre. This includes horses, cattle, sheep, goats, llamas (and related species), deer, antelope, swine, foul (including turkeys, ducks, geese, peacocks, guinea hens, game birds, and five or more chickens), aquatic species (including fish, shellfish, crustaceans, echinoderms, plants, and algae), and any animals typically hunted or trapped. Apiaries that exceed the maximum allowable quantity or volume of hives for residential apiaries [§ 5-3-17(25)] are considered husbandry land uses. This excludes animals typically kept as pets and commonly available at commercial pet stores (e.g., domestic dogs and cats, fish, small rodents, reptiles, amphibians, tropical/exotic birds).
Regulations:
(a)
Any building housing animals shall be located a minimum of 300
feet from any residentially zoned property, and 100 feet from all
other lot lines.
(b)
All outdoor animal containments (pastures, pens, and similar
areas) shall be located a minimum of 100 feet from any residentially
zoned property.
(c)
Minimum required parking: One space per employee on the largest work shift. [See § 5-7-11(19)(b) for surfacing requirements for agricultural uses.]
(3)
On-site agricultural retail: 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 shall be regulated as a distinct 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.
Regulations:
(a)
No structure or group of structures shall exceed 500 square
feet in gross floor area.
(b)
All structures shall meet all required setbacks for nonresidential
land uses.
(c)
On-site agricultural retail uses, once discontinued for a period
of 365 days, shall not be reestablished except with the granting of
a conditional use permit, and shall only be permitted in the RH-35
District.
(d)
Minimum required parking: One parking space shall be required for every 200 square feet of product display area. [See § 5-7-11(19)(b) for surfacing requirements for agricultural uses.]
(4)
Intensive agriculture: All operations primarily oriented to the on-site
raising and/or use of animals at an intensity equal to or exceeding
one animal unit per acre and/or agricultural activities requiring
structures, equipment and/or infrastructure specific to one operation
rather than to farming in general. Examples of such land uses include
feed lots, hog farms, poultry operations, aquaculture, and other operations
meeting this criterion.
Regulations:
(a)
Intensive agricultural uses shall be located in an area which
is planned for agricultural use in the City's Comprehensive Plan.
(b)
New intensive agricultural uses shall not be located in or adjacent
to an existing or platted residential subdivision.
(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)
Intensive agricultural uses shall be completely surrounded by
a bufferyard with a minimum opacity of 1.0.
(e)
Minimum required parking: One space per employee on the largest work shift. [Notes: customer parking shall be provided based on land use; see § 5-7-11(19)(b) for surfacing requirements for agricultural uses.]
(5)
Agricultural service: Operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used or produced by agricultural operations. Examples of such land uses include, but are not limited to, agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; and agricultural waste disposal facilities [except commercial composting uses, see § 5-3-15(2)].
Regulations:
(a)
Agricultural service uses shall be located in an area which
is planned for agricultural use in the City's Comprehensive Plan.
(b)
New agricultural service uses shall not be located in, or adjacent
to, an existing or platted residential subdivision.
(c)
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.
(d)
Once discontinued for a period of 365 days, agricultural service
uses shall not be reestablished except with the granting of a conditional
use permit.
(e)
Minimum required parking: One space per employee on the largest work shift. [Notes: customer parking shall be provided based on land use; see § 5-7-11(19)(b) for surfacing requirements for agricultural uses.]
(6)
Community garden: Community garden areas for cultivation and related
activities divided into one or more plots to be cultivated by more
than one operator or member. These areas may be on public or private
lands.
Regulations:
(a)
All garden areas, signs, and structures shall be located a minimum
of 10 feet all lot lines.
(b)
A site plan shall be submitted to the Zoning Administrator for
approval. Said site plan shall list the property owner, established
sponsoring organization and garden manager, and demonstrate consideration
for and indicate locations of structures, materials storage, equipment
storage, access for deliveries and pickups, water availability, shaded
rest area, and availability of public parking.
(c)
Accessory buildings.
1.
The following structures are permitted in community gardens:
tool sheds, shade pavilions, restroom facilities with composting toilets,
planting preparation houses, benches, bike racks, raised/accessible
planting beds, compost bins, picnic tables, seasonal farm stands,
fences, garden art, rain barrel systems, and children's play areas.
2.
A combined total of 1,200 square feet of gross floor area of
all accessory structures on the property is permitted by right. For
lots larger than one acre, the maximum permitted combined total of
gross floor area of all accessory structures on the property shall
be increased by one square foot for every 100 square feet of lot area
over one acre.
(e)
The applicant shall demonstrate adequate off-street parking
availability, as determined by the Zoning Administrator.
(7)
Market garden: An area for cultivation and related activities divided
into one or more plots to be cultivated by more than one operator
or member. These areas may be on public or private lands, with on-site
sales of crops grown on-site permitted. Market gardens shall adhere
to the following listed regulations.
(a)
All activity areas, signs, and structures shall be located a
minimum of 10 feet from all lot lines.
(b)
A site plan shall be submitted to the Zoning Administrator for
approval. Said site plan shall list the property owner, established
sponsoring organization, and garden manager, and demonstrate consideration
for and indicate locations of structures, materials storage, equipment
storage, access for deliveries and pickups, water availability, shaded
rest area, and availability of public parking.
(c)
Accessory buildings.
1.
The following structures are permitted within market gardens:
tool sheds, shade pavilions, restroom facilities with composting toilets,
planting preparation houses, benches, bike racks, raised/accessible
planting beds, compost bins, picnic tables, seasonal farm stands,
fences, garden art, rain barrel systems, and children's play areas.
2.
A combined total of 1,200 square feet of gross floor area of
all accessory structures on the property is permitted by right. For
lots larger than one acre, the maximum permitted combined total of
gross floor area of all accessory structures on the property shall
be increased by one square foot for every 100 square feet of lot area
over one acre.
(d)
Seasonal farm stands shall be removed from the premises or stored
inside a building on the premises during that time of the year when
the garden is not open for public use.
(f)
Minimum required parking: One space per 300 square feet of retail
floor area.
(1)
Indoor institutional: Indoor public and not-for-profit recreational
facilities (such as gyms, swimming pools, libraries, museums, and
community centers), government facilities, schools, churches, homeless
day shelters, hospitals and walk-in clinics, nonprofit clubs, nonprofit
fraternal organizations, convention centers, private institutional
businesses, and similar land uses.
Regulations:
(a)
An off-street passenger loading area shall be provided if the
majority of the users will be children or senior citizens (as in the
case of a school, church, library, or similar land use).
(b)
Minimum required parking: Generally, one space per three expected
patrons at maximum capacity; however, the following specific requirements
may apply:
1.
Church: One space per five seats at the maximum seating capacity
in the main worship area. For benches, pews, and other similar seating
facilities, 30 inches of such seating shall be counted as one seat
for the purpose of this Title 5.
2.
Community or recreation center: One space per 400 square feet
of gross floor area, or one space per three patrons at the maximum
capacity, whichever is greater, plus one space per employee on the
largest work shift.
3.
Funeral home: One space per five persons at the maximum capacity,
plus one space per employee on the largest work shift.
4.
Hospital: To be determined by Zoning Administrator, based on
parking study.
5.
Library or museum: One space per 400 square feet of gross floor
area, or one space per three patrons at the maximum capacity, whichever
is greater, plus one space per employee on the largest work shift.
6.
School, elementary or middle: One space per two employees.
7.
School, secondary: One space per two employees, plus 30% of
maximum student enrollment.
8.
School, college or trade: To be determined by Zoning Administrator,
based on parking study.
(2)
Outdoor open space institutional: Cemeteries, privately held permanently
protected green space areas, open grassed areas not associated with
any particular active recreational land use, and similar land uses.
Regulations:
(a)
Minimum required parking: No parking is required; however, internal
drives may be used for parking.
(3)
Passive outdoor recreation: Recreational land uses located which
involve passive recreational activities, such as arboretums, natural
areas, wildlife areas, hiking trails, bike trails, cross country ski
trails, horse trails, picnic areas, picnic shelters, botanical gardens,
fishing areas, and similar land uses.
Regulations:
(a)
Minimum required parking: One space per four expected patrons
at maximum capacity for any use requiring over five spaces, or where
maximum capacity is not available, 10 spaces per use, plus one space
per employee on the largest work shift.
(4)
Active outdoor recreation: Recreational land uses which involve active
recreational activities. Such land uses include tennis courts, basketball
courts, ball diamonds, football fields, soccer fields, neighborhood
parks, tot lots, outdoor swimming pools, swimming beach areas, fitness
courses, public golf courses, and similar land uses.
Regulations:
(a)
Facilities using recreational facility night lighting and adjoining
a residentially zoned property shall install and continually maintain
a bufferyard with a minimum opacity of 0.60. Said bufferyard shall
be located at the property line adjacent to said residentially zoned
property.
(b)
All structures, paved areas, and active recreational improvements
such as sandboxes, tot lots, tennis courts, and baseball backstops
shall be located a minimum of 25 feet from any residentially zoned
property.
(c)
Facilities which serve a regional or community-wide function
shall provide an off-street passenger loading area if the majority
of the users will be children or senior citizens.
(d)
Minimum required parking: Generally, one space is required per
four expected patrons at maximum capacity for any use requiring over
five spaces; however, the following specific requirements apply:
1.
Athletic facilities: one space per employee on the largest work
shift, plus one space per four patrons (participants and spectators)
at maximum capacity.
2.
Tot lots, fitness courses, and parks: no parking spaces required.
3.
The Zoning Administrator has the ability to require a parking
study to increase or reduce parking requirements for any combination
of the above uses.
(5)
Essential services: The erection, construction, alteration, or maintenance
by public utilities or municipal or other governmental agencies and
private utilities, of underground and overhead lines and pipes for
gas, electric, telephone, communications, cable television, steam,
public water supply, sanitary sewage collection, stormwater detention
or conveyance, or other comparable utilities. Essential services include
such above-surface facilities as poles, guide wires, fire alarm boxes,
water hydrants, lift stations, utility posts, police call boxes, cabinets,
vaults, and standpipes. Essential services do not include larger utility
facilities included under large-scale public services.
Regulations:
(a)
Essential services are exempt from density, intensity, and bulk
regulations.
(b)
All structures shall be located a minimum of 20 feet from any
residentially zoned property. Does not include landscaping or stormwater
detention facilities.
(c)
Outdoor storage areas shall be located a minimum of 50 feet
from any residentially zoned property.
(e)
Minimum required parking: None.
(6)
Large-scale public services and utilities: Large-scale facilities
such as public works facilities and garages, wastewater treatment
plants, potable water treatment plants, public and/or private utility
substations, water towers, well houses, jails, prisons, and similar
land uses involving buildings and/or fenced enclosures. This does
not include uses listed under essential services.
Regulations:
(a)
All structures shall be located a minimum of 20 feet from any
residentially zoned property.
(b)
Outdoor storage areas shall be located a minimum of 50 feet
from any residentially zoned property.
(d)
All outdoor storage areas adjoining a residentially zoned property
shall install and continually maintain a bufferyard with a minimum
opacity of 0.60. Said bufferyard shall be located at the property
line adjacent to said residentially zoned property.
(e)
Minimum required parking: One space per employee on the largest
work shift, plus one space per company vehicle normally stored or
parked on the premises.
(7)
Community living arrangement (one to eight residents): Facilities
provided for in Wis. Stats. § 62.23(7)(i), including community
living arrangements for adults as defined in Wis. Stats. § 46.03(22),
community living arrangements for children as defined in Wis. Stats.
§ 48.743(1), foster homes as defined in Wis. Stats. § 48.02(6),
and adult family homes and community-based residential facilities
(CBRFs) as defined in Wis. Stats. § 50.01(1g). Community
living arrangements do not include boarding houses, group daycare
centers, nursing homes, homeless shelters, hospitals, prisons, or
jails. Community living arrangement facilities are regulated depending
upon their capacity as provided for in Wis. Stats. § 62.23(7)(i)1-5,
provided any such regulations do not violate federal or state housing
or antidiscrimination laws.
Regulations:
(a)
No community living arrangement shall be established within
2,500 feet of any other such facility regardless of its capacity.
(b)
The total capacity of all community living arrangements (of
all capacities) in the City shall not exceed 1% of the City's population.
The Zoning Administrator shall make this determination.
(c)
Foster homes housing four or fewer children and licensed under
Wis. Stats. § 48.62 shall not be subject to Subsection (7)(a),
above; and shall not be subject to, or count toward, the total arrived
at in Subsection (7)(b), above.
(d)
Each facility shall have a rear and side yard which is visually
screened from adjacent residential properties using a bufferyard with
a minimum opacity of 0.20.
(e)
Minimum required parking: One off-street parking space per employee
on the largest work shift.
(f)
Driveways shall be considered legal "stacked" parking spaces,
provided that each parking space is no less than eight feet in width
and 18 feet in depth. A driveway may contain one or more legal parking
spaces.
(8)
Community living arrangement (nine to 15 residents): See description under Subsection (7), above.
Regulations:
(a)
No community living arrangement shall be established within
2,500 feet of any other such facility regardless of its capacity.
(b)
The total capacity of all community living arrangements (of
all capacities) in the City shall not exceed 1% of the City's population.
(c)
Foster homes housing four or fewer children and licensed under
Wis. Stats. § 48.62 shall not be subject to Subsection (7)(a),
above; and shall not be subject to, or count toward, the total arrived
at in Subsection (7)(b), above.
(d)
Each facility shall have a rear and side yard which is visually
screened from adjacent residential properties using a bufferyard with
a minimum opacity of 0.20.
(e)
Minimum required parking: One off-street parking space per employee
on the largest work shift.
(9)
Community living arrangement (16+ residents): See description under Subsection (7), above.
Regulations:
(a)
No community living arrangement shall be established within
2,500 feet of any other such facility regardless of its capacity.
(b)
The total capacity of all community living arrangements (of
all capacities) in the City shall not exceed 1% of the City's population.
(c)
Foster homes housing four or fewer children and licensed under
Wis. Stats. § 48.62 shall not be subject to Subsection (7)(a),
above; and shall not be subject to, or count toward, the total arrived
at in Subsection (7)(b), above.
(d)
The minimum lot size for each district shall apply, except that
the minimum lot area in square feet shall be increased 1,000 square
feet for each additional two residents over 15.
(e)
Each facility shall have a rear and side yard which is visually
screened from adjacent residential properties using a bufferyard with
a minimum opacity of 0.20.
(f)
Minimum required parking: One off street parking space per employee
on the largest work shift.
(10)
Institutional residential: Residential development designed to accommodate institutional residential land uses, such as convents, monasteries, dormitories, fraternities, sororities, senior housing, retirement homes, assisted living facilities, nursing homes, hospices, convalescent homes, limited care facilities, rehabilitation centers, homeless shelters (with or without meal service), and similar land uses not considered to be community living arrangements under §§ 5-3-8(7) through (9) of this Title 5 or under the provisions of Wis. Stats. § 62.23.
Regulations:
(a)
Project shall provide an off-street passenger loading area at
a minimum of one location within the development.
(b)
Minimum required parking: The following specific parking requirements
may apply:
1.
Assisted living facility or limited care facility: One space
per two dwelling units, plus one space per two employees on the largest
work shift.
2.
Nursing home or hospice: One space per four patient beds, plus
three spaces per four employees on the largest work shift. A plan
to manage parking during shift changes shall be provided to the Zoning
Administrator.
3.
Monastery or convent: One space per three beds plus one space
per employee on the largest work shift.
4.
Public or private dormitory: One space per three residents plus
one space per nonresident employee on the largest work shift.
5.
Senior housing or retirement housing: One space per dwelling
unit.
(1)
Office: Indoor offices where the primary function is the handling
of information or administrative services. Office uses do not typically
provide services directly to customers on a walk-in basis.
Regulations:
(a)
Minimum required parking: One space per 300 square feet of gross
floor area.
(2)
Personal or professional service: Indoor service land uses where
the primary function is the provision of services directly to an individual
on a walk-in or on-appointment basis. Examples of such uses include
establishments where customers make an appointment, such as professional
services, insurance or financial services, realty offices, small-scale
by-appointment medical offices and clinics, veterinary clinics, barber
shops, beauty shops, and related land uses including ancillary on-site
production of items used in the provision of such services.
Regulations:
(a)
Minimum required parking: One space per 300 square feet of gross
floor area.
(3)
Indoor sales or service: The sale and/or display of merchandise or
equipment or nonpersonal or nonprofessional services, entirely within
an enclosed building. Includes general merchandise stores, grocery
stores, butchers, sporting goods stores, antique stores, gift shops,
laundromats, bakeries, copy and printing centers, photo processing
centers, and other uses meeting this definition. Includes product
storage, packaging, and shipping of goods sold on the premises.
Regulations:
(a)
Minimum required parking: One space per 300 square feet of gross
floor area.
(4)
Outdoor display: Land uses where the sale and display of merchandise or equipment is conducted outside of an enclosed building on more than a temporary basis. Examples include, but are not limited to, outdoor garden centers, outdoor recreation equipment sales, monument sales, flea markets, and manufactured and mobile housing sales. If the permanent outdoor display area is less than 250 square feet and is secondary to an indoor sales or service use, such use shall instead be considered incidental outdoor display under § 5-3-17(16). Outdoor Display on a temporary basis shall be regulated by temporary outdoor sales under § 5-3-18(6).
Regulations:
(a)
The outdoor display area shall be calculated as the area which
would be enclosed by an imaginary line that would completely enclose
all materials displayed outdoors in the smallest possible rectangle.
(b)
The facility shall be surrounded by a bufferyard with a minimum
opacity of 0.60 along all borders of the display area abutting residentially
zoned property.
(c)
The display of items shall not be permitted in required setback
areas, landscape areas, or bufferyards, unless located in a parking
lot.
(d)
Inoperable vehicles or equipment, or other items typically stored in a junkyard or salvage yard as defined under § 5-3-15(4), shall not be displayed.
(e)
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 Subsection (4)(i), below. 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.
(f)
Display areas shall be separated from any 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.
(g)
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 vehicle/vehicle and
vehicle/pedestrian conflicts. Signs, screening, enclosures, landscaping,
or materials being displayed shall comply with requirements related
to corner clearance, vision triangles, crosswalks, drive aisle width,
parking stall dimensions, fire lanes, bike lanes, or similar requirements
related to traffic and pedestrian safety.
(h)
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.
(i)
Minimum required parking: One space per 1,000 square feet of
gross outdoor floor area.
(5)
Artisan production shop: A building or portion thereof used by 10
or fewer artists or artisans for the creation, preparation, display
and sale of unique (rather than mass-produced) individually crafted
items including artwork, jewelry, custom furniture, woodwork, sculpture,
glass, metal, pottery, leathercraft, hand-woven articles, and related
items.
Regulations:
(a)
Minimum required parking: One space per 300 square feet of gross
floor area.
(6)
Physical activity studio: All land uses which provide a facility
for training, instruction, and physical activity within an enclosed
building. Such activities often have operating hours which extend
significantly earlier or later than most other commercial land uses
and often employ amplified music to set training tempo. Examples of
such land uses include health or fitness centers, all forms of training
studios (yoga, dance, art, martial arts, gymnastics, etc.), and music
schools.
Regulations:
(a)
No customer entrance of any kind shall be permitted within 50
feet of a residentially zoned property.
(b)
The facility shall provide bufferyard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property if outdoor physical activity takes place [see § 5-8-4(5)].
(c)
Minimum required parking: One space per every three persons
at the maximum capacity of the establishment.
(7)
Commercial kitchen: A building or portion thereof used for the preparation
of food that can be rented or used as a classroom by different organizations,
businesses, or individuals. Products produced on site may be sold
off site.
Regulations:
(8)
Indoor commercial entertainment: Land uses which provide entertainment services entirely within an enclosed building. Such activities often have the potential to be associated with nuisances related to amplified music, noise, lighting, trash, and operating hours that extend significantly later than most other commercial land uses. Examples of such land uses include, but are not limited to, restaurants, taverns, small-scale alcoholic beverage production (as defined in § 5-1-22), theaters, bowling alleys, arcades, roller rinks, and pool halls.
Regulations:
(9)
Outdoor commercial entertainment: 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 amplified music, noise, dust, lighting, trash, and operating hours that extend significantly later than most other commercial land uses. Examples of such land uses include, but are not limited to, outdoor eating and drinking areas, sand volleyball courts, small-scale alcoholic beverage production (as defined in § 5-1-22), outdoor assembly areas, outdoor swimming pools associated with another principal land use, and food and/or beverage trucks, carts, stands, trailers or similar facilities. Note that high attendance facilities oriented to nonresident users or attendees and intensively lit, tournament-oriented outdoor facilities are considered intensive outdoor activity land uses under § 5-3-9(22).
Regulations:
(a)
Customer entrances shall be located a minimum of 50 feet from
residentially zoned property.
(b)
Activity areas shall not be located closer than 50 feet to a
residentially zoned property.
(c)
Facility shall provide bufferyard with minimum opacity of 0.40
along all borders of the outdoor activity area abutting residentially
zoned property.
(d)
Minimum required parking: One space for every three persons
at the maximum capacity of the establishment.
(10)
Drive-through and in-vehicle sales or service: Land uses where sales
and/or services are conducted 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). 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,
but are not limited to, drive-in facilities, drive-through facilities,
fuel stations, and car washes.
Regulations:
(a)
Clearly marked pedestrian crosswalks shall be provided for each
wall-in customer access to the facility.
(b)
Drive-through windows shall not be located between the principal
building and the street right-of-way.
(c)
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.
(d)
In no instance shall a drive-through facility be permitted to
operate in a manner that endangers the public safety, even if such
land use has been permitted under the provisions of this section.
(e)
The setback of the outer edge of any overhead canopy or similar
structure shall be a minimum of 10 feet from all street rights-of-way
lines, or the required principal building setback, whichever is greater;
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 25 feet per the measurement of roof height.
(f)
Facility shall provide a bufferyard with a minimum opacity of
0.60 along all property borders abutting residentially zoned property.
(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 not part of an approved stormwater
management system. Said curbs shall be a minimum of six inches high.
(h)
Minimum stacking lane length for drive-through facilities shall
be as follows:
1.
Automatic car wash: 100 feet in front of the car wash entrance
and 25 feet after the exit.
2.
Establishments selling food and/or drink: 100 feet in front
of each order station, 55 feet between the order station and the pick-up
window, and 25 after the pick-up window.
3.
All other uses: 55 feet in front of and 25 feet after each service
window.
(i)
Minimum required parking: Refer to the parking requirements
of the other land use activities on the site such as indoor sales
and service land uses for a gas station/convenience store or office
land uses for a bank.
(11)
Cheese slicing and packaging: Any business in which the principal
activity is the slicing and packaging of cheese, where no manufacturing
or processing occurs on-site.
Regulations:
(a)
Minimum required parking: One space per 300 square feet of gross
floor area.
(12)
Group daycare center (9+ children): Facilities which provide childcare
services for nine or more children. 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 daycare centers are considered a separate principal
use and require review as such.
Regulations:
(a)
Group daycare centers shall not be located within residential
buildings.
(b)
The facility shall be surrounded by a bufferyard with a minimum
opacity of 0.50 along all property borders abutting residentially
zoned property.
(c)
Minimum required parking: One space per 10 children at maximum
capacity, plus one space for each employee on the largest work shift.
(13)
Commercial animal boarding/daycare: Facilities providing short-term
and/or long-term animal boarding, including commercial kennels, commercial
stables, pet daycare, and animal shelters. Exercise yards, fields,
training areas, and trails associated with such land uses are considered
accessory uses and do not require separate consideration.
Regulations:
(a)
Animal containment areas shall be surrounded by a bufferyard
with a minimum opacity of 0.70 along sides abutting residentially
zoned property.
(b)
Each animal shall be provided with an indoor containment area.
(c)
Minimum required parking: One space per every 1,000 square feet
of gross floor area.
(14)
Bed-and-breakfast: Bed-and-breakfasts are places of lodging that
provide rooms for rent in the owner's personal residence, are occupied
by the owner at the time of rental, and where the only meal served
to guests is breakfast.
Regulations:
(a)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 0.40 along all property borders abutting residentially
zoned property.
(b)
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.
(c)
The facility shall comply with the requirements of Wis. Stats.
§ 254.61 and Chapter ATCP 73 of the Wisconsin Administrative
Code.
(d)
Minimum required parking: One space per each bedroom in addition
to requirements for principal residents.
(15)
Vacation rental home: A dwelling unit available for overnight, weekend
or weekly stays by paying guests, which may or may not be owner-occupied
for parts of the year. These uses are often referred to as vacation
rentals and include timeshare units. Where such units are available
for lease for periods of time longer than seven consecutive nights,
such use shall be considered tourist rooming houses, a type of accessory
use separately described and regulated under this chapter. Also, not
included within this land use category are: bed-and-breakfast, commercial
indoor lodging, or boarding house.
Regulations:
(a)
Vacation rental homes shall only be located as a commercial land use within a single-family dwelling unit as defined in § 5-3-6.
(b)
The total number of days of operation within any calendar year
shall not exceed 180 days, which must be consecutive.
(c)
Occupancy shall be limited to two persons per bedroom, plus
an additional two persons. At no time may the number of guests exceed
eight, regardless of the number bedrooms in the dwelling unit.
(d)
The maximum stay for any party other than the owner of the premises
shall be seven consecutive days.
(e)
The appearance or use of the dwelling shall not be altered in
a manner that would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, odors, dust or vibrations that carry
beyond the premises.
(f)
The availability of the vacation rental home to the public shall
not be advertised on-site.
(g)
Minimum required parking: One space per each bedroom. All guest
vehicles shall be parked on site, within a legal paved parking space.
1.
A driveway may contain one or more legal parking spaces. Driveways
shall be considered legal "stacked" parking spaces, provided that
each driveway parking space is no less than eight feet in width and
18 feet in depth.
(16)
Commercial indoor lodging: Facilities where overnight housing in
individual rooms or suites of rooms is provided, with 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.
Restaurants, lounges, fitness centers, and other on-site facilities
available to nonlodgers are considered principal uses and therefore
require review as a separate land use.
Regulations:
(a)
Customer entrances shall be located 50 feet from residentially
zoned property.
(b)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 0.60 along all property borders abutting residentially
zoned property.
(c)
Minimum required parking: One space per room for rent, plus
one space for each employee on the largest work shift.
(17)
Campground: Campgrounds include any facilities designed for overnight
accommodation of persons in tents, travel trailers, or other mobile
or portable shelters or recreational vehicles, including recreational
vehicle overnight stays in parking lots and other similar locations
not in campgrounds.
Regulations:
(18)
Indoor maintenance service: Facilities where maintenance and repair
service are provided and all operations are located entirely within
an enclosed building, including the repair of clocks, vacuum cleaners,
and small appliances. This shall not include vehicle sales or vehicle
service and repair land uses.
Regulations:
(a)
Minimum required parking: One space per 300 square feet of gross
floor area.
(19)
Outdoor maintenance service: Facilities where maintenance and repair
service are provided and where all or any portion of the operation
is located outside of an enclosed building. This shall not include
vehicle sales or vehicle service and repair land uses.
Regulations:
(a)
All outdoor activity areas shall be completely enclosed by a
minimum six-foot-high solid fence. Such enclosure shall be located
a minimum of 50 feet from any residentially zoned property and shall
be screened from such property by a bufferyard with a minimum opacity
of 0.60.
(b)
Outdoor storage of unlicensed or inoperable vehicles is prohibited
outside fenced areas.
(c)
Minimum required parking: One space per 300 square feet of gross
floor area, or one space per each employee on the largest shift, whichever
is less.
(20)
Vehicle sales: The sale and display of vehicles for sale or rent
outside of an enclosed building. Such land uses also include an ancillary
repair shop associated with the vehicle display lot and sales building.
Regulations:
(a)
The display of vehicles shall not be permitted in green space
areas, landscaped areas, or required bufferyards.
(b)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 0.60 along all borders of the display area abutting residentially
zoned property.
(c)
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 vehicle/vehicle and
vehicle/pedestrian conflicts.
(d)
Inoperable vehicles or equipment or other items typically stored
or displayed in a junkyard or salvage yard shall not be permitted.
(e)
Minimum required parking: One space per 300 square feet of gross
floor area plus one space per every 3,000 square feet of outdoor display.
(21)
Vehicle service and repair: Facilities where vehicle service and/or
repair is provided entirely within an enclosed building, including
unlicensed or inoperable vehicles used for spare parts.
Regulations:
(a)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 0.60 along all borders of the display area abutting residentially
zoned property.
(b)
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 vehicle/vehicle and
vehicle/pedestrian conflicts.
(c)
Outdoor storage of unlicensed or inoperable vehicles is prohibited
outside areas fully screened by a solid fence. Outdoor storage of
other items typically stored or displayed in a junkyard or salvage
yard shall not be permitted.
(d)
Minimum required parking: One space per 300 square feet of gross
floor area.
(22)
Intensive outdoor activity: Land uses located on private or public
property that require intensive lighting and generate regional traffic
and noise beyond property lines. Intensive outdoor activity land uses
may include, but are not limited to, amusement parks, water parks,
fairgrounds, outdoor stadiums, go cart tracks, paint ball, race tracks,
ski hills, drive-in theaters, miniature golf, driving ranges, and
tournament-oriented athletic facilities. Where such facilities are
on the site of and accessory to a principal institutional land use,
such facilities shall be considered part of the principal institutional
land use and not an independent principal intensive outdoor activity
land use.
Regulations:
(a)
No intensive outdoor activity shall take place before 8:00 a.m.
or after 10:00 p.m. except as explicitly authorized an approved conditional
use permit.
(b)
A bufferyard with a minimum opacity of 1.0 shall be provided
along all property abutting residentially zoned property and for any
facility requiring night lighting.
(c)
Facilities serving a regional or community-wide function shall
provide an off-street passenger loading area if the majority of the
users will be children or senior citizens.
(d)
Any activity area other than parking shall be set back a minimum
of 100 feet from the property line.
(e)
Minimum required parking: One space per every five expected
patrons at maximum capacity. The Zoning Administrator may require
a parking study to determine parking requirements.
(23)
Adult-oriented entertainment business: An adult bookstore, adult
theater, adult massage parlor, adult sauna, adult entertainment center,
adult cabaret, adult health or sport club, adult steam room or bathhouse
facility, or any other business in which the primary business activity
is characterized by emphasis on matters depicting, describing, or
relating to nudity, sexual conduct, sexual excitement, or sadomasochistic
abuse.
(a)
Findings. The Common Council of the City of Monroe hereby finds
as follows:
1.
The location, siting, design, construction and use of adult-oriented
entertainment businesses can have adverse impacts on the surrounding
area.
2.
Adult-oriented entertainment businesses can exert a dehumanizing
influence on persons attending places of worship, children attending
licensed daycare homes, persons using public parks, and children and
other persons attending public schools.
3.
Adult-oriented entertainment businesses can contribute to an
increase in criminal activity in the area where such businesses are
located, taxing local law enforcement services.
4.
Adult-oriented entertainment businesses can significantly contribute
to the deterioration of residential neighborhoods and can impair the
value of the residential housing in the area in which such businesses
are located.
5.
The concentration of adult-oriented entertainment businesses
in one area can have a substantially detrimental effect on the area
in which such businesses are concentrated and on the overall quality
of urban life.
6.
A cycle of decay can result from the influx and concentration
of adult-oriented entertainment businesses. The presence of such businesses
is perceived by others as an indication that the area is deteriorating,
and the result can be devastating as other businesses and residences
move out of the vicinity. Declining real estate values, which can
result from the concentration of such business, erode the City's tax
base.
7.
The City may enact zoning regulations to promote the public
health, safety and general welfare of the citizens of the City as
provided under Wis. Stats. § 62.23.
(b)
Purpose.
1.
The purpose of these regulations is to control through zoning
the location and operational characteristics of adult-oriented entertainment
businesses so as to minimize the detrimental effect on the character
of the City's residential neighborhoods and commercial areas.
2.
These regulations are intended to establish a reasonable balance
between the legitimate public purpose of protecting the health, safety,
and welfare of residents and businesses in the City and the legally
recognized rights of owners, operators, and employees of adult-oriented
entertainment businesses by allowing such businesses to operate in
locations and under circumstances that minimize the adverse effects
of such businesses.
3.
These regulations shall not impose a limitation on the content
of any communication materials, including sexually oriented materials
as protected by the First Amendment to the United States Constitution.
(c)
Applicability. The provisions of this chapter shall apply to
all adult-oriented entertainment businesses.
(d)
Distance limitations. No adult-oriented entertainment business
shall:
1.
Be operated or maintained within 300 feet of the boundary of
any of the following zoning districts: SR-3, SR-4, SR-5, SR-7, DR-8,
TR-10, MR-15, MR-30, MH-7, and CMU.
2.
Be operated or maintained within 300 feet of the Institutional Zoning District or an institutional land use (per § 5-3-8).
3.
Distance limitations set forth in this section shall be measured
in a straight line from the main public entrance of the adult-oriented
entertainment business to the main public entrance to the named use
or, in the case of the named zoning districts, from the main public
entrance of the adult-oriented entertainment business to the nearest
boundary of the named zoning district.
(e)
Same use restrictions. No adult-oriented entertainment business
shall be located in the same building or upon the same property as
another such use.
(f)
Sign limitations. Notwithstanding any other provision of this
chapter, an adult-oriented entertainment business shall not be permitted
more than one business sign. Signs advertising or promoting an adult-oriented
entertainment business shall meet the following criteria:
1.
No sign shall display merchandise or pictures of the products
or entertainment on the premises in any area which can be viewed from
the sidewalk, street, or other public way, adjacent to the building.
2.
No sign shall be placed in any window. In addition to the business
sign, a one square foot informational sign may be placed on the door
to state hours of operation and admittance to adults only.
3.
No sign shall contain any flashing lights, moving elements,
or mechanically changing messages.
4.
No sign shall contain any depiction of the human form, or any
part thereof, nor shall it contain sexually explicit language.
5.
No adult-oriented entertainment business may have any off-premises
business sign.
(g)
Operating standards. All adult-oriented entertainment businesses
shall operate under the following:
1.
No employee shall solicit business outside the building in which
the business is located.
2.
No male or female person, while on the premises, shall expose
to public view his or her genitals, pubic area, anus, or anal cleft.
Full nudity is prohibited.
3.
No person on the premises shall engage in sexual conduct or
sadomasochistic abuse.
4.
Nudity is prohibited for any employee of an adult-oriented entertainment
business where such person is in direct, personal contact with another
person.
(h)
Building's exterior appearance. The building's exterior shall
meet the following criteria:
1.
Colors shall be earth or neutral tones and primary accent colors
shall be within the same color family.
2.
Stripes and geometric patterns are prohibited.
3.
A color scheme which is directly inherent to a unique recognized
architectural style but not otherwise compliant with this section
may be reviewed and approved by the Plan Commission.
4.
The exterior shall be adequately maintained in good condition.
(i)
Severability. If any subsection, sentence, clause or phrase
of this section is for any reason held to be invalid or unconstitutional
by reason of any decision of any court of competent jurisdiction,
such decision shall not affect the validity of any other section,
subsection, sentence, clause or phrase or portion thereof.
(1)
Apartments with limited commercial: An apartment building that contains
one or more principal nonresidential land uses on the ground floor.
Regulations:
(a)
This land use shall comply with all of the bulk and density requirements that apply to the most similar dwelling unit type in § 5-3-6.
(b)
The principal commercial use shall be limited to the ground
floor of the building and shall consist of no more than 33% of the
gross floor area of the ground floor, or 5,000 square feet, whichever
is smaller.
(c)
The commercial component of the building is limited to the following
land uses, but only if such uses are also permitted by right or by
conditional use permit in the applicable zoning district:
(d)
Minimum required parking: The parking requirements of each individual
land use shall apply.
(2)
Mixed-use building: A building that contains a mix of principal commercial
land uses and principal residential land uses.
Regulations:
(a)
Ground-floor residential uses.
1.
Residential uses shall not be located within the first 24 feet
of the ground floor as measured from the front of the building.
2.
Residential uses shall comprise of no more than 30% of the gross
floor area of the ground floor.
3.
In order to provide privacy for private dwelling units, residential
uses adjacent to an on-site parking lot shall have steps, patios,
terraces, lawns, knee walls, gardens and landscaping, or similar features
that provide separation of the public walkway from private dwelling
unit windows. Elevating the unit several feet above ground level is
encouraged.
(b)
Minimum required parking: The parking requirements of each individual
land use shall apply.
(3)
Live/work building: A multiunit building, typically arranged in a
townhouse side-by-side format, in which each unit contains a commercial
use on the ground floor with a residential use on upper floors, with
both uses occupied by the same resident/business operator. The commercial
use is typically connected to the residential use with an internal
stair or elevator.
(a)
The live/work building shall be the primary dwelling of the
occupant.
(b)
The commercial component of the live/work building is limited
to the following land uses, but only if such uses are also permitted
by right or by conditional use permit in the applicable zoning district:
(c)
The residential and the commercial space shall be occupied by
the same tenant, and no portion of the live/work building shall be
rented or sold separately.
(d)
Employees of the commercial use who are not residents of the
residential unit are permitted.
(e)
The commercial use is subject to the regulations of the applicable land use category in § 5-3-9.
(f)
All uses are subject to the nonresidential density, intensity, and bulk requirements of Chapter 2.
(g)
Minimum required parking: The parking requirements of each individual
land use shall apply.
(1)
Light industrial: Industrial facilities where all operations, with the exception of loading, are conducted entirely within an enclosed building. Such land uses are not associated with nuisances (such as odor, noise, heat, vibration, and radiation) that are detectable at the property line and do not pose a significant safety hazard (such as danger of explosion). Examples include, but are not limited to, manufacturing of clothing, furniture, cabinetry, electronic components, and mass-produced arts and crafts. Industrial land uses may conduct indoor sales as an accessory use provided that the requirements of § 5-3-9(3) are met.
Regulations:
(a)
All activities, except loading and unloading, shall be conducted
entirely within the confines of a building.
(b)
Retail sales of goods produced, packaged, or shipped on the premises shall be considered incidental indoor sales, per § 5-3-17(17).
(c)
Minimum required parking: One space per each employee on the
largest work shift.
(2)
Heavy industrial: Industrial activities that may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances that are detectable at the property line; and may involve materials which pose a significant safety hazard. Examples include, but are not limited to, meat product producers; 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; recycling facilities not involving the on-site storage of salvage materials; and large-scale alcoholic beverage production (as defined in § 5-1-22).
Regulations:
(a)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 1.0 along all borders of the property abutting properties
which are not zoned HI.
(b)
All outdoor activity areas shall be located a minimum of 100
feet from residentially zoned property.
(c)
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 Subsection (2)(d), below.
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.
(d)
Minimum required parking: One space per each employee on the
largest work shift.
(3)
Production greenhouse: Any business in which the principal activity
is the growing and wholesaling of plants or plant byproducts such
as flowers, shrubbery, trees, and horticultural and floricultural
products (not including fruits and vegetables) that are grown or stored
within an enclosed building or structure constructed chiefly of glass
or glasslike material, cloth, or other permanent material. Such uses
also often involve the seasonal display of plants and related products
outdoors.
Regulations:
(a)
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 Subsection (3)(f), below.
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.
(b)
Outdoor display areas of 250 square feet or less shall comply with the requirements of incidental outdoor display under § 5-3-17(16). Outdoor display greater than 250 square feet shall comply with the requirements of outdoor display as a principal use under § 5-3-9(4).
(c)
Outdoor storage and/or outdoor display areas shall be separated
from any vehicular parking or circulation area by a minimum of 10
feet. This separation shall be clearly distinguished by a physical
feature or barrier such as a greenway, curb, fence, or line of planters,
or by a clearly marked paved area.
(d)
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.
(e)
The facility shall be surrounded by a bufferyard with a minimum
opacity of 0.60 along all borders of outdoor display areas abutting
residentially zoned property.
(f)
Minimum required parking: One space per 300 square feet of gross
floor area.
(4)
Indoor food cultivation and farming: Any business in which the principal
activity is the production and wholesaling of plants or plant byproducts
including fruits and vegetables that are grown on-site within an enclosed
building or structure constructed chiefly of glass or glasslike material,
cloth, or other permanent material. Such uses also often involve the
seasonal display of plants and related products outdoors. Indoor food
production also includes the farming of aquatic organisms (plants
and animals) under controlled conditions, and which is located entirely
within an enclosed building and utilizes recirculating (closed) system
technology. Such operations may also incorporate aquaponics, which
is the symbiotic cultivation of plants and aquatic organisms in a
recirculating system.
Regulations:
(a)
Signs, screening, enclosures, landscaping, storage, 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.
(b)
Site plans shall be provided which indicate the location of
all outdoor activity areas.
(c)
Outdoor activity regulations.
1.
No outdoor activity areas shall be located in bufferyard areas.
No materials shall be stacked or otherwise stored so as to be visible
over bufferyard screening elements.
2.
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.
3.
Outdoor storage shall not be permitted in any landscaping areas,
bufferyard areas, or permanently protected green space areas.
4.
All outdoor storage areas shall be completely enclosed by any
permitted combination of buildings, structures, walls, and/or fencing.
Such walls and fencing shall be a minimum of eight feet in height
and shall be designed to completely screen all stored materials or
products from view of 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.
5.
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 Subsection (4)(j), below.
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.
6.
Outdoor storage and/or outdoor display areas shall be separated
from any vehicular parking or circulation area by a minimum of 10
feet. This separation shall be clearly distinguished by a physical
feature or barrier such as a greenway, curb, fence, or line of planters,
or by a clearly marked paved area.
7.
Outdoor display areas up to 250 square feet shall comply with the requirements of incidental outdoor display under § 5-3-17(16). Outdoor display greater than 250 square feet shall comply with the requirements of outdoor display as a principal use under § 5-3-9(4).
(d)
On-site processing of seafood is permitted, provided the activity
is conducted entirely within an enclosed building and no odors are
detectable from the property line.
(e)
The farming of aquatic plants and animals under controlled conditions
shall take place entirely within an enclosed building.
(f)
Prior to the issuance of a conditional use permit, applicants
wishing to establish indoor aquaculture operations shall prepare a
report outlining the estimated average daily water usage and quantity
of wastewater discharge. Such report shall be reviewed and approved
by the City of Monroe Water and Waste Water Utilities.
(g)
Indoor aquaculture operations shall be connected to the municipal
water and sanitary sewer system and all wastewater shall be discharged
to the municipal sanitary sewer system.
(h)
The on-site retail sale of seafood or vegetables shall be considered incidental indoor sales subject to the provisions of § 5-3-17(16), provided the area devoted to sales does not exceed 25% of the total area of the building(s) within which the operation is located. Retail areas that exceed 25% of the total area of the building(s) within which the operation is located shall be considered an indoor sales and service principal land use.
(i)
On-site composting shall be permitted, subject to the following
regulations:
(j)
Minimum required parking: One space per 1,000 square feet of
gross floor area.
(5)
Indoor food production and processing: Any business in which the principal activity is the manufacturing, processing, and/or packing of food products, components of food products, and the byproducts thereof, including grain, cereal, dairy, egg, vegetable, fruit, oil, and similar products. Production of meat, meat products, fish, and fish products shall be considered heavy industrial land uses per Subsection (2), above. Production and wholesaling of plants or plant byproducts and aquatic farming shall be considered indoor food cultivation and farming land uses per Subsection (4), above.
Regulations:
(1)
Indoor storage and wholesaling: Land uses 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 § 5-3-17(17).
Regulations:
(a)
Minimum required parking: One space per 2,000 square feet of
gross floor area.
(2)
Outdoor storage and wholesaling: Land uses 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, but are not limited to, storage yards, equipment yards,
lumber yards, and coal yards.
Regulations:
(a)
All outdoor storage areas shall be completely enclosed by any
permitted combination of buildings, structures, walls, and solid 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. Said walls or fencing shall be
screened from residentially zoned property by a bufferyard with a
minimum opacity of 0.80.
(b)
Outdoor storage areas accessory to a principal land use and occupying 500 square feet or less shall be regulated as incidental outdoor storage under § 5-3-17(18).
(c)
The storage of items shall not be permitted in landscaping areas,
bufferyard areas, or green space 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 Subsection (2)(g). 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)
Materials being stored shall not interfere in any manner with
either on-site or off-site traffic visibility, including potential
vehicle/vehicle and vehicle/pedestrian conflicts.
(f)
Inoperable 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.
(g)
Minimum required parking: One space for every 10,000 square
feet of gross storage area, plus one space per each employee on the
largest work shift.
(3)
Personal storage facility: Also known as "mini-warehouses," these
land uses are oriented to the indoor storage of items entirely within
partitioned buildings having an individual access to each partitioned
storage area.
Regulations:
(a)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 0.80 along all property borders abutting residentially
zoned property.
(b)
Facility may include outdoor storage of recreational equipment
including recreational vehicles, camping trailers, ice shanties, and
recreational equipment stored in/on trailers. Any such outdoor storage
shall require conditional use approval. All outdoor storage areas
shall be completely enclosed by any permitted combination of buildings,
structures, walls, and solid fencing.
(c)
Facilities without outdoor storage may use fencing no higher
than eight feet. Chain link fence slats and barb wire fences are prohibited.
(d)
Minimum required parking: One space for each employee on the
largest work shift. Parking for loading and unloading is permitted
in drive aisles.
(1)
Transit center: A building, structure, and/or area designed and used
for the purpose of loading, unloading, or transferring passengers
or accommodating the movement of passengers from one mode of transportation
to another. Examples include, but are not limited to, bus stations,
train stations, and park and ride stations.
Regulations:
(a)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 1.0 along all property borders abutting residentially zoned
property.
(b)
All buildings, structures, outdoor storage areas, and any other
activity areas, except employee and passenger parking, shall be located
a minimum of 100 feet from all lot lines abutting residentially zoned
property.
(c)
Minimum required parking: To be determined by Zoning Administrator,
based on parking study.
(2)
Distribution center: 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 § 5-3-17(17).
Regulations:
(a)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 1.00 along all property borders abutting residentially
zoned property.
(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 landscaping
areas, bufferyard areas, or green space areas.
(d)
Minimum required parking: One space per each employee on the
largest work shift.
(3)
Freight terminal: Land and buildings representing either end of one
or more truck carrier line(s) 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
requiring trans-shipment.
Regulations:
(a)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 1.00 along all property borders abutting residentially
zoned property.
(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 landscaping
areas, bufferyard areas, or green space areas.
(d)
Minimum required parking: One space per each employee on the
largest work shift.
(4)
Airport: Transportation facilities providing takeoff, landing, servicing,
storage, and other services to any type of air transportation. Takeoffs
and landings of any type of air vehicle (including ultralight aircraft,
hang gliders, parasails, and related equipment) within the jurisdiction
of this chapter shall occur only in conjunction with an approved airport.
Regulations:
(a)
Airports shall be surrounded by a bufferyard with a minimum
opacity of 1.00 along all borders of the property not otherwise completely
screened from activity areas by buildings or structures.
(c)
Minimum required parking: One space per each employee on the
largest work shift. A parking study shall be conducted to determine
passenger parking requirements.
(5)
Heliport: An area designed to be used for the landing or takeoff
of helicopters including operations facilities, such as maintenance,
loading and unloading, storage, fueling, or terminal facilities.
Regulations:
(a)
The heliport shall be located at least 200 feet from any residential
use or residentially zoned property, as measured in a straight line
from the closest point of the takeoff and landing area to the property
line of the closest residentially used or zoned property. The application
shall include an area map showing the distance between the proposed
takeoff and landing area and the nearest residential property.
(b)
The heliport shall be constructed, operated, and maintained
in accordance with the rules and regulations of the Federal Aviation
Administration (FAA) and State.
(6)
Off-site parking lot: Off-site parking lots include any areas used for the temporary surface parking of vehicles which are fully registered, licensed, and operable. See § 5-7-6 for additional parking regulations.
Regulations:
(a)
Access and vehicular circulation shall be designed so as to
discourage cut-through traffic.
(7)
Off-Site Structured Parking: Commonly referred to as a "parking ramp" or "parking garage," off-site structured parking is a type of parking structure for the temporary parking of vehicles which are fully registered, licensed, and operable. Off-site structured parking is stand-alone, multilevel parking area in which one or more levels are supported above the lowest level. A parking structure may also include underground parking spaces. Parking structures that are incorporated into the same building as a separate principal land use shall be regulated as on-site structured parking under § 5-3-17(13). See § 5-7-6 for additional parking regulations.
Regulations:
(a)
Parking structures may contain commercial uses on the ground-floor
level. Such uses shall be limited to those permitted by right or by
conditional use permit in the applicable zoning district.
(b)
Parking structures must meet all applicable bulk requirements.
(c)
Clearly marked pedestrian connections between the parking structure
and adjacent uses shall be provided.
(d)
Screening or other improvements that shield parked vehicles
from view at each level of the parking structure shall be installed.
(f)
Exterior elevations shall be designed to minimize the use of
blank concrete facades and shall have an architectural treatment that
is compatible with the surrounding architectural context. Exterior
elevations are encouraged to be designed to replicate the regular
window pattern and other architectural elements of adjacent buildings.
(1)
Communication tower: Any structure that is designed and constructed for the purpose of supporting one or more antennas for communication purposes such as cellular telephones or similar, including self-supporting lattice towers, guyed towers, or monopole towers. For satellite dishes and antennas accessory to a principal use, see § 5-3-17(20) through § 5-3-17(22). Height shall be measured from finished grade to the highest point on the tower or other structure, including the base pad. This definition includes the mobile service support structure, supports, and equipment buildings.
Regulations:
(a)
Applicability. This land use shall not be regulated or permitted
as essential services or large-scale public services and utilities.
This section shall apply to the following:
1.
New towers. All new towers in the City of Monroe shall be subject
to these regulations.
2.
Preexisting towers. Preexisting towers shall not be required
to meet the requirements of this section, other than the requirements
of Subsection (1)(b) of this section.
3.
Towers shall be considered principal uses. A different use on
the same lot shall not preclude the installation of a tower on such
lot.
4.
See § 5-3-17(22) for communication antennas, an accessory land use typically associated with communication towers.
(b)
Compliance with federal regulations. Towers shall be erected
and installed in accordance with the state electrical code adopted
by reference in § 10-31 et seq., National Electrical Safety
Code, Federal Communications Commission, Federal Aviation Administration,
and the instructions of the manufacturer. In cases of conflict, the
stricter requirements shall govern.
(c)
Submittal and review procedure requirements and other requirements
specific to communication towers must be consistent with Wis. Stats.
§ 66.0404.
(d)
Permit required. A permit is required for all new communication
towers or modifications to existing communication towers. The permit
application shall contain all of the following information:
1.
The name and business address of, and the contact individual
for, the applicant.
2.
The location of the proposed or affected support structure.
3.
The location of the proposed mobile service facility.
4.
If the application is to substantially modify an existing support
structure, a construction plan which describes the proposed modifications
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed
modifications.
5.
If the application is to construct a new mobile service support
structure, a construction plan which describes the proposed mobile
service support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment to be placed on or around
the new mobile service support structure.
6.
If an application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the proposed
location and why the applicant did not choose co-location, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that co-location
within the applicant's search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome to the mobile service provider.
(e)
Placement requirements.
1.
Towers and guyed wires shall comply with the setback requirements
of the underlying zoning district in which the tower is located.
2.
The placement of towers on the roof of existing buildings must
maintain a setback from residential zones or properties the same as
the building setback required for new buildings.
(f)
Equipment buildings. Equipment buildings, including cabinets,
used in connection with commercial communication antennas will be
subject to the following conditions:
1.
Any location and impact of the equipment buildings shall be
made as minimal as possible so as not to prevent the principal use
of the property.
2.
Exterior storage of ground-mounted equipment or materials shall
not be permitted.
3.
Equipment buildings or structures may be mounted on the roof
of a building provided that such building or structure is placed as
unobtrusively as possible (e.g., integrated into the roof design)
and/or is screened from view from adjacent roads and properties.
4.
Any ground-mounted equipment building used for accessory equipment
must either be screened from view from all adjacent residential and
commercial uses and potentially incompatible municipal uses with a
bufferyard with a minimum opacity of 0.40, or the equipment building
must be constructed with similar materials, style, roof pitch, etc.,
to complement the architectural character of the surrounding neighborhood.
5.
All ground-mounted equipment buildings shall at a minimum meet
the required setbacks of a principal structure for the underlying
zoning district and shall meet all applicable building code requirements.
(h)
Co-location. A proposed tower shall be structurally and electrically
designed to accommodate the applicant's antenna and comparable antennas
for two additional users. Towers shall be designed to allow for future
rearrangement of antennas and to accept antennas mounted at varying
heights.
(i)
Advertising. No form of advertising or identification or sign
is allowed on the tower other than the customary manufacturer identification
plate.
(j)
Lighting. Towers shall not be artificially illuminated unless
required by the FAA or any other applicable authority.
(k)
Fencing. A tower shall be enclosed by solid fencing not less
than six feet in height or a bufferyard with a minimum opacity of
0.40 and secured so that it is not accessible by the general public.
Fence design, materials and colors shall reflect the character of
the surrounding area.
(l)
Abandonment.
1.
The applicant shall provide a written agreement stating that
if the tower or transmitters are unused for a period exceeding 365
days, the applicant shall remove the tower or transmitters upon request
from the City.
2.
Within 30 days of the date on which the tower use ceases, the
permit holder shall provide the commission written notice of the cessation
of use.
3.
If unused facilities are not removed, the City may remove the
items at the expense of the property owner.
(1)
Extraction: 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.
Regulations:
(a)
The facility shall comply with all county, state, and federal
regulations and provide copies of all approved county, state, and
federal permits.
(b)
The facility shall provide a bufferyard with a minimum opacity
of 1.00 along all borders of the property.
(c)
All buildings, structures, outdoor storage, and any other 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 after cessation of the use.
(e)
Minimum required parking: One space per each employee on the
largest work shift.
(2)
Composting: Land uses devoted to the collection, storage, processing,
and/or disposal of vegetation.
Regulations:
(a)
Composting facilities 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.
(c)
All buildings, structures, outdoor storage, and any other activity
areas shall be located a minimum of 100 feet from all lot lines.
(d)
No food scraps or other vermin-attracting materials shall be
processed, stored, or disposed of on-site.
(e)
Operations shall not involve the on-site holding, storage, or
disposal of hazardous wastes as defined by state statutes in any manner.
(f)
Minimum required parking: One space for each employee on the
largest work shift.
(3)
Recycling and waste disposal: Recycling facilities not involving
the on-site storage of salvage materials. Waste disposal facilities
are any facilities and/or areas used for the disposal of solid wastes
including those defined by Wis. Stats. § 289.01(33), but
not including composting operations.
Regulations:
(a)
Recycling and waste disposal facilities shall comply with all
county, state, and federal regulations.
(b)
Facility shall be surrounded by a bufferyard with a minimum
opacity of 1.00 along all borders of the property.
(c)
All buildings, structures, outdoor storage, and any other 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 state statutes 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 after cessation of the use.
(f)
Minimum required parking: One space for each employee on the
largest work shift.
(4)
Salvage or junkyard: Land or structure used for a salvaging operation
including, but not limited to, the above-ground, outdoor storage and/or
sale of waste paper, rags, scrap metal, and any other discarded materials
intended for sale or recycling; and/or the collection, dismantlement,
storage, or salvage of unlicensed and/or inoperable vehicles intended
for scraping or recycling. Recycling facilities involving on-site
outdoor storage of salvage materials are included in this land use.
This shall not include vehicle service and repair.
Regulations:
(a)
Facility shall provide a bufferyard with a minimum opacity of
1.00 along all property borders abutting residentially zoned property.
(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 landscaping
or bufferyard areas.
(d)
Shall not involve the storage, handling, or collection of hazardous
materials as defined by state statutes.
(e)
Facility shall secure a salvage dealer license as required by
the State of Wisconsin.
(f)
Minimum required parking: One space for every 20,000 square
feet of gross storage area, plus one space for each employee on the
largest work shift.
(5)
Sand and Mineral Processing: Land or structure used for processing
sand or minerals, extracted on-site or transported to the site, that
removes the desired product from the mineral or enhances the characteristics
of the sand or mineral.
Regulations:
(a)
Facility shall provide a bufferyard with a minimum opacity of
1.00 along all property borders abutting residentially zoned property.
(b)
All buildings, structures, outdoor storage, and any other activity
areas shall be located a minimum of 100 feet from all roads and lot
lines.
(c)
In no instance shall activity areas be located within a bufferyard
area.
(d)
Shall not involve the storage, handling, or collection of hazardous
materials as defined by state statutes.
(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 after cessation of the use.
(f)
The facility shall comply with all county, state, and federal
regulations and be able to provide copies of all approved county,
state, and federal permits.
(g)
Minimum required parking: One space for each employee on the
largest work shift.
(1)
Large Wind Energy System: Equipment and associated facilities that
convert and then store or transfer energy from the wind into usable
forms of energy. Large wind energy systems have a total installed
nameplate capacity of more than 300 kW or that consist of individual
wind turbines that have an installed nameplate capacity of more than
100 kW each.
(a)
This section provides the standards and procedures for issuance
of conditional use permits for wind energy systems, as defined in
Wis. Stats. § 66.0403(1)(m). The purpose of this section
is to ensure any proposed wind energy system complies with applicable
provisions of PSC 128, Wisconsin Administrative Code, as amended,
and this section.
(b)
Large wind energy systems are a conditional use in all zoning
districts. The City will apply Wis. Stats. § 66.0401 and
PSC Chapter 128 of the Wisconsin Administrative Code, as amended,
in the evaluation of such requests.
1.
No restriction shall be placed, either directly or in effect,
on the installation or use of a wind energy system, unless the restriction
satisfies one of the following conditions:
(2)
Large solar energy system: Equipment and associated facilities that
directly convert and then transfer or store solar energy into usable
forms of thermal or electrical energy. Large solar energy systems
are the only a principal land use on a property and are designed primarily
to generate energy for commercial sale off-site.
(a)
Rooftop, ground-mounted, and building-mounted large solar energy
systems shall comply with the height limits and minimum required yards
for principal structures.
(b)
Large solar system structures shall be finished in a rust-resistant,
nonobtrusive finish, and color that is nonreflective.
(c)
All electrical connections shall be located underground or within
a building.
(d)
No large solar energy system shall be lighted unless required
by the Federal Aviation Administration.
(e)
Clearing of natural vegetation for the purposes of installing
a large solar energy system shall be limited to that which is necessary
for the construction, operation and maintenance of the large solar
energy system and as otherwise prescribed by applicable laws, regulations,
and ordinances.
(f)
All access doors or access ways and electrical equipment shall
be lockable.
(g)
Large solar energy systems shall require a building permit before
installation. Building permit applications shall include the following
information in addition to that required by the Building Code:
1.
A site plan drawn to scale showing the location of the proposed large solar energy system and per the requirements of § 5-10-31.
2.
Elevations of the site drawn to scale showing the height, design,
and configuration of the large solar energy system and the heights
of all existing structures, buildings and electrical lines in relation
to property lines and their distance from the large solar energy system.
3.
A standard foundation design along with specifications for the
soil conditions at the site.
4.
Specific information on the type, size, rated power output,
performance, and safety characteristics of the system, including the
name and address of the manufacturer, model, and serial number.
5.
A description of emergency and normal shutdown procedures.
6.
A line drawing of the electrical components of the system in
sufficient detail to establish that the installation conforms to all
applicable electrical codes and this subsection.
7.
Evidence that the provider of electrical service to the property
has been notified of the intent to install an interconnected electricity
generator, except in cases where the system will not be connected
to the electricity grid.
8.
Evidence of compliance with Federal Aviation Administration
requirements.
(h)
The requirements of Wisconsin Statutes, including but not limited
to §§ 66.0401 and 66.0403, shall apply to all solar
energy systems.
(i)
Large solar energy systems are a conditional use in all zoning
districts. The City will apply Wis. Stats. §§ 66.0401
and 66.0403 of the Wisconsin Administrative Code, as amended, in the
evaluation of such requests.
1.
No restriction shall be placed, either directly or in effect,
on the installation or use of a solar energy system, unless the restriction
satisfies one of the following conditions:
(1)
Residential accessory structure: Structures accessory to a residential
use including but not limited to structures used to shelter parked
passenger vehicles (including garages and carports), structures used
to store residential maintenance equipment of the subject property,
workshops, kennels, garden sheds, and pool houses.
Regulations:
(a)
A residential accessory structure shall not exceed 864 square
feet.
(b)
No accessory structure or combination of accessory structures
shall occupy more than 30% of the gross area of any lot.
(d)
Detached garages are permitted in the rear yard and side yards
only.
(e)
Garages on corner lots shall meet the required street side setback
for principal structures unless the property owner can demonstrate
that physical conditions of the lot require the garage to be placed
in a different location. Such alternate placement may be allowed as
a conditional use if the garage is a permitted accessory use in the
applicable zoning district and written approval of adjacent property
owners is submitted with a require for issuance of a conditional use
permit.
(2)
Recreational Facility: This land use includes all active outdoor
recreational facilities located on a private lot which are not otherwise
described in this article. Common examples include swing sets, tree
houses, play houses, basketball courts, tennis courts, swimming pools,
recreation-type equipment, and pavilions.
Regulations:
(3)
Landscape Feature: This land use includes features such as garden
ponds, mailboxes, statuary/art objects, little free libraries and
similar uses, clotheslines, seasonal decorations, arbors, trellises,
fountains, birdhouses, birdbaths, birdfeeders, lawn furniture, raised
garden beds, and similar landscaping containment materials, retaining
walls, and similar manmade lawn and landscaping elements as determined
by the Zoning Administrator.
Regulations:
(4)
Residential kennel: An enclosed structure designed for the keeping
of dogs that is accessory to a residential use.
Regulations:
(a)
Outdoor containments for dogs shall be subject to the setback
requirements for accessory structures for the district in which they
are located.
(5)
Home Occupation: Economic activities performed within a residential
dwelling unit. Examples include personal and professional services,
handicrafts, and retail conducted online. Home occupations are intended
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 business district. Home occupations are limited to low-intensity
businesses and businesses with limited overlap of customer visits.
Regulations:
[Amended 8-2-2021]
(a)
The home occupation shall be conducted only within the enclosed
area of the dwelling unit or garage.
(b)
The home occupation shall be conducted by a resident who uses
the location of the home occupation as their principal residence.
(c)
No more than two clients shall be seen at any given time.
(d)
No home occupations shall have outside employees or clients
between the hours of 9:00 p.m. and 8:00 a.m.
(e)
There shall be no exterior evidence of the home occupation and
no exterior alterations which change the character of the structure
as a residential dwelling unit.
(f)
No storage or display of materials, goods, supplies, or equipment
related to the operation of the home occupation shall be visible outside
any structure located on the premises.
(g)
There shall be no adverse impact to the residential character
of the neighborhood due to the emission of noise, odor, smoke, dust,
gas, heat, vibration, electrical interference, traffic congestion,
or other nuisances resulting from the home occupation.
(h)
The home occupation shall not generate any solid waste or sewage
discharge in volume or type that is not normally associated with typical
residential use in the neighborhood.
(i)
The home occupation shall not involve any illegal activity.
(j)
The home occupation shall not involve the use of commercial
vehicles for more than five deliveries of materials to or from the
premises per day.
(k)
No large-scale industrial or mechanical equipment or machinery
shall be used other than is usual, customary, and incidental to the
residence for domestic or hobby purposes.
(l)
The percentage of the gross finished floor area that may be devoted to the home occupation(s) shall not exceed 20% of the principal structure, or 300 square feet, whichever is less. More than one home occupation may be carried out per dwelling unit provided that all such businesses combined are contained within the maximum area in this subsection, and all other requirements of Section 5-3-17(5) are met.
(m)
Home occupations shall be carried out only by members of the
immediate family residing on the premises and no more than two nonresident
employees. Remote or working-from-home employees working off-site
do not count toward the two nonresident employee maximum.
(n)
No structural alterations or construction involving features
not customarily found in dwellings are allowed.
(o)
The home occupation shall not involve explosives; fireworks;
large-scale manufacturing or processing; the sales or repair of large
appliances, vehicles, or motors; equipment rental; care, breeding
or keeping of animals; or construction of equipment and machinery.
Restaurants, taverns, clubs, amusement or entertainment establishments,
or uses that dispatch persons other than the occupant of the residence
or equipment from the premises, are not permitted home occupations.
(p)
Home offices and other working from home situations (including an independent agent of a company, multi-level marketing, independent sales, and gig employees) are permitted home occupations provided that all other requirements of Section 5-3-17(5) are met.
(q)
Items shall not be sold or offered for sale in-person on the
premises unless by appointment for no more than two clients at a time.
(r)
Minimum required parking: One space is required for each nonresident
employee. Employee parking in the driveway is permitted.
(s)
Approvals or permits required by state agencies or other regulatory
bodies are the responsibility of the operator of the home occupation.
(t)
Compliance checklist: Notwithstanding the above, all who undertake
allowed home occupations shall complete and file a compliance checklist,
in a form as approved by the Plan Commission and made available by
the City Clerk, prior to commencing the home occupation. This form
shall be filed with the City Clerk, who shall retain the form while
the home occupation is in use. The filed compliance checklist shall
be reviewed by the Zoning Administrator to determine compliance of
the home occupation with this chapter. Such form shall be signed by
both the owner and/or occupier of the premises on which the home occupation
takes place.
(6)
In-home daycare: Occupied residences in which a licensed person or
persons provide childcare for four to eight children. The care of
less than four children is not subject to the regulations of this
chapter. State law reference: § 66.1017(1)(a), Wisconsin
Statutes.
(7)
Accessory dwelling unit: Residential dwellings located directly above
the ground floor of a building used for an office, commercial, or
institutional land use, or a residential dwelling unit located on
the same lot as a single-family dwelling unit, either in the same
building as the single-family dwelling unit or in a detached building.
Regulations:
(a)
The number of occupants of the accessory dwelling unit shall
not exceed one family plus one roomer or two unrelated individuals.
(b)
Additional entrances shall not be added to the front elevation
of an existing building but may be added to side or rear or street
side elevations.
(c)
Accessory dwelling units shall adhere to the setback requirements
and standards for the underlying zoning district.
(d)
Accessory dwelling unit entryways within a rear or side yard
shall be connected to a street frontage by a paved walkway or driveway.
(e)
For accessory dwelling units located on the same lot as a single-family
dwelling unit, the following additional regulations shall apply:
1.
The principal building must be owner-occupied.
2.
The accessory dwelling unit shall not be sold separately from
the principal dwelling.
3.
The maximum size of an accessory dwelling unit shall not exceed
75% of the principal dwelling's floor area, up to a maximum size of
700 square feet.
4.
The appearance or character of the principal building must not
be significantly altered so that its appearance is no longer that
of a single-family dwelling.
5.
The exterior finish material must match in type, size and placement,
the exterior finish material of the principal dwelling unit.
6.
The roof pitch must match the predominant roof pitch of the
principal dwelling unit or structure.
7.
Exterior trim must match the trim used on the principal dwelling
unit.
8.
Projecting eaves must match those of the principal dwelling
unit or structure.
9.
Windows must match those in the principal dwelling unit in both
proportion (relationship of width to height) and orientation (horizontal
or vertical).
(8)
In-family suite: An area within a dwelling unit that may contain
separate kitchen, dining, bathroom, laundry, living, and sleeping
areas, including exterior porches, patios, and decks. In addition
to the required internal physical connection, separate outdoor access
or separate access to the garage may be provided. However, external
entries serving as the primary or only access to the in-family suite
are prohibited.
Regulations:
(a)
In-family suites may not be occupied by a nonfamily member.
(b)
In-family suites shall be considered and regulated as part of
a single-family dwelling unit.
(c)
The principal dwelling unit and the in-family suite shall together
appear as a single-family dwelling.
(d)
A separate walled garage area or driveway is not permitted.
(e)
A separate address for the in-family suite is not permitted.
(f)
A separate utility connection or meters are not permitted.
(g)
A physical all-weather connection between the main living area
and the in-family suite must be present. This required connection
may not occur through an attic, basement, garage, porch, or other
nonliving area. A door may be used to separate the in-family suite
from the principal dwelling, but may not be locking, except that a
locking door may be used for the bedroom and bathroom doors of the
in-family suite.
(h)
When an application is submitted for a building permit to accommodate
what is explicitly listed as, or could possibly serve as, an in-family
suite, the building plan shall be marked as "not a separate dwelling
unit or apartment," and a signed letter from the applicant stating
agreement with this condition shall be filed.
(9)
Farm residence: 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 § 5-3-7.
(10)
Migrant employee housing: Migrant employee housing include any
facility subject to the regulation of Wisconsin Statutes, § 103.90(3)(a).
Regulations:
(a)
Migrant employee housing shall be surrounded by a bufferyard
with a minimum opacity of 0.60 along all property lines adjacent to
all properties in residential or mixed-use zoning districts.
(b)
Migrant employee housing shall be an accessory use to an active
principal land use and under the same ownership.
(11)
Nonresidential accessory structure: Structures primarily used
to shelter business vehicles or to store maintenance equipment of
the subject property.
Regulations:
(12)
Residential stable: An accessory structure that is designed
for the keeping of equines for the private use of the occupants of
the principal dwelling and their guests, but in no event for hire.
Regulations:
(a)
Outdoor containments for equines shall be located a minimum
of 25 feet from any residentially zoned property.
(b)
A minimum lot area of 175,000 square feet (four acres) is required
for a private residential stable.
(c)
A maximum of one horse per two acres of fully enclosed (by fencing
and/or structures) area is permitted.
(d)
The minimum permitted size of horse or similar animal stall
shall be 100 square feet.
(13)
On-site parking lot: On-site parking lots are any areas located
on the same site as the principal land use which are used for the
temporary surface parking of vehicles which are fully registered,
licensed, and operable.
Regulations:
(a)
Access and vehicular circulation shall be designed to prevent
cut-through traffic.
(14)
On-site structured parking. Structured parking which is accessory to a principal land use such as apartments, office, and mixed-use buildings and which is incorporated into the same building as the principal land use. Stand-alone structured parking that is not integrated with another land use shall be regulated as on-site structured parking, a principal use under § 5-3-13(7). See § 5-7-6 for additional parking regulations.
Regulations:
(a)
Off-site structured parking shall comprise no more than 50%
of the ground-floor level on the primary street frontage. Underground
parking that is partially above grade shall not count toward this
total.
(15)
Company cafeteria: A food service operation which provides food
only to company employees and their guests.
Regulations:
(16)
Incidental outdoor display: The sale and display of merchandise
or equipment outside of an enclosed building and is incidental to
a principal commercial or industrial land use.
Regulations:
(a)
Incidental outdoor display land uses shall comply with all regulations
of § 5-7-22.
(b)
The display area shall not be greater than or equal to 250 square feet. Display area in excess of 250 square feet shall be considered "outdoor display" as a principal use under § 5-3-9(4).
(c)
All outdoor display areas shall be located no closer to a residentially
zoned property than the required minimum setback for buildings on
the subject property.
(d)
The display of items shall not be permitted in any landscaping
areas, bufferyard areas, or green space areas.
(e)
In no event shall the display of items reduce or inhibit the
use or number of parking stalls provided on the property below the
requirements applicable to the principal use. If the number of provided
parking stalls on the property is already less than the requirement,
display areas shall not further reduce the number of parking stalls
already present.
(f)
Outdoor display areas shall be separated from any vehicular
parking or circulation area by a minimum of 10 feet. This separation
shall be clearly distinguished by a physical feature or barrier such
as a greenway, curb, fence, line of planters, or by a clearly marked
paved area.
(g)
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.
(17)
Incidental indoor sales: Retail sales activity conducted exclusively
indoors which is incidental to a principal land use such as indoor
storage and wholesaling on the same site.
Regulations:
(a)
The total area devoted to sales activity shall not exceed 25%
of the total area of the buildings on the property.
(18)
Incidental light industrial: Light industrial activities conducted
exclusively indoors which is incidental to a principal land use, such
as indoor sales or service, on the same site.
Regulations:
(19)
Incidental outdoor storage: Outdoor storage which is incidental
to a principal land use, such as indoor sales or service, on the same
site.
Regulations:
(a)
All open storage areas and open containers shall be fully screened
from view by a wall and a solid gate made of wood or similar material.
The exterior of the wall must match the materials and color of the
principal structure and shall be a minimum of eight feet in height.
(20)
Satellite dish: A bowl-shaped antenna with which signals are
transmitted to or received from a communications satellite. This land
use applies to dishes for personal use and private use.
Regulations:
(a)
In all districts, satellite dishes less than three feet in diameter
may be located anywhere on a lot, except the provided front yard or
provided street side yard or can be located on any principal or accessory
building.
(b)
In the RH-35, SR-3, SR-4, SR-5, SR-7, DR-8, TR-10, MR-15, MR-30,
and MH-7 Zoning Districts, satellite dishes three feet in diameter
and larger may only be located in rear yards or on the roof of a detached
structure, so long as the height of the detached structure and the
dish is equal to or less than the height of the principal building.
1.
In all other zoning districts, satellite dishes three feet in
diameter and larger may be erected on the roof of any principal or
accessory buildings, and in side, or rear yards; but shall not be
located in street or front yards.
(c)
No advertising or graphic designs are permitted on satellite
dishes in any zoning district.
(d)
In the event that a usable signal cannot be obtained by locating
a satellite dish in locations permitted by this Title 5, the Zoning
Board of Appeals may grant a variance to allow the placement of a
satellite dish in an alternate location.
(21)
Personal antenna and towers: Devices used for the transmission
or reception of electromagnetic waves, external to or attached to
the exterior of any building. This definition includes the structure,
supports, and equipment buildings. This land use applies to antenna
and towers for personal use. Examples include an amateur radio antenna
or personal television antenna.
Regulations:
(a)
In the RH-35, SR-3, SR-4, SR-5, and SR-7 Zoning Districts, there
may only be one roof-mounted antenna and one tower per lot. In all
other districts, there may be one antenna for each dwelling unit or
business and one tower per lot.
(b)
In all zoning districts, freestanding towers with antennas may
not be located in a provided front yard or street side yard, or closer
to the right-of-way than the closest edge of the principal building,
whichever is less.
(c)
The minimum required setback for freestanding towers with antennas
shall be equal to the combined height of the tower and antenna.
(d)
Towers are restricted to 70 feet in height, and roof-mounted
antennas are restricted to 30 feet above the highest peak of the roof.
(e)
Guy wires shall not be anchored within a provided front yard
or provided street side yard, or closer to the right-of-way than the
closest edge of the principal building, whichever is less. Personal
antenna and towers shall be installed in such a manner as to protect
the public safety and to minimize the visual impact on surrounding
properties and from public streets.
(f)
The attachment to an antenna or tower of any flag, decorative
or commercial sign, streamers, pennants, ribbons, spinners or waving,
fluttering, or revolving devices is prohibited.
(22)
Communication antenna: Devices used for the transmission or
reception of electromagnetic waves, attached to a communication tower,
building, or alternative tower structure, including associated equipment
buildings/cabinets.
Regulations:
(b)
General requirements.
1.
Compliance with federal regulations. Towers shall be erected
and installed in accordance with the state electrical code adopted
by reference in § 10-31 et seq., National Electrical Safety
Code, Federal Communications Commission, Federal Aviation Administration,
and the instructions of the manufacturer. In cases of conflict, the
stricter requirements shall govern.
2.
Antennas shall not encroach into airspace prescribed by FAR
Part 77 and the most current regulations of the Airport Overlay Zoning
Ordinance.
3.
Communication tower and commercial building: Antennas may be
placed on commercial communication towers, and commercial, institutional,
and industrial buildings.
4.
Height requirements. Antenna height shall be restricted to 200
feet above grade when located on a commercial communication tower.
Antenna height shall be restricted to 20 feet above the height of
the commercial building roof or alternative tower structure when located
on such structure. Zoning district height restrictions shall not apply
to antennas.
5.
Alternative structures. Antennas may be placed on alternative
tower structures such as clock towers, bell steeples, light poles,
water towers, or similar structures.
6.
Advertising. No form of advertising or identification, sign
or mural is allowed on the antenna other than the customary manufacturer
identification plate.
7.
Stealthing requirements.
a.
Antennas and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
b.
A wall-mounted antenna shall be as flush to the wall as technically
possible and shall not project above the wall on which it is mounted
unless it must for technical reasons. The antenna and cables on roofs
shall not be visible from an adjacent public right-of-way.
(c)
Equipment buildings. Equipment buildings, including cabinets,
used in connection with commercial communication antennas will be
subject to the following conditions:
1.
Any location and impact of the equipment buildings shall be
made as minimal as possible so as not to prevent the principal use
of the property.
2.
Exterior storage of ground-mounted equipment or materials shall
not be permitted.
3.
Equipment buildings or structures may be mounted on the roof
of a building provided that such building or structure is placed as
unobtrusively as possible (e.g., integrated into the roof design)
and surrounded by a bufferyard with a minimum opacity of 0.40.
4.
Any ground-mounted equipment building used for accessory equipment
must either be screened from view from all abutting residential uses
and potentially incompatible municipal uses with a bufferyard with
a minimum opacity of 0.40, or the equipment building must be constructed
with similar materials, style, roof pitch, etc., to complement the
architectural character of the surrounding neighborhood.
5.
All ground-mounted equipment buildings shall at a minimum meet
the required setbacks of a principal structure for the underlying
zoning district and shall be located in the side or rear yards.
(d)
Exceptions. Exceptions to the setbacks and height requirements
listed above may be granted by the Zoning Board of Appeals if appropriate
engineering data is submitted showing that failure characteristics
of the structure will not adversely impact abutting property and the
structure does not encroach into airspace prescribed by FAR Part 77
and the Airport Overlay Zoning Ordinance.
(23)
Small wind energy system: A wind energy conversion system consisting
of a wind turbine, a tower and associated control or conversion electronics
which will be used primarily to reduce on-site consumption of utility
power. Small wind energy systems have a total installed nameplate
capacity of 300 kW or less and consist of individual wind turbines
that have an installed nameplate capacity of not more than 100 kW.
(a)
This section provides the standards and procedures for issuance
of conditional use permits for wind energy systems, as defined in
Wis. Stats. § 66.0403(1)(m). The purpose of this section
is to ensure any proposed wind energy system complies with applicable
provisions of PSC 128, Wisconsin Administrative Code, as amended,
and this section.
(b)
Small wind energy systems are a conditional use in all zoning
districts. The City will apply Wis. Stats. §§ 66.0401
and PSC Chapter 128 of the Wisconsin Administrative Code, as amended,
in the evaluation of such requests.
1.
No restriction shall be placed, either directly or in effect,
on the installation or use of a wind energy system, unless the restriction
satisfies one of the following conditions:
(24)
Small solar energy system: Equipment and associated facilities
that directly convert and then transfer or store solar energy into
usable forms of thermal or electrical energy. Small solar energy systems
are accessory to a principal land use on a property and are designed
primarily to generate energy for said principal land use.
Regulations:
(a)
Small solar energy systems (rooftop, building-mounted, and freestanding)
are permitted as conditional uses in all zoning districts as accessory
structures.
(b)
Freestanding small solar energy systems shall comply with the
requirements for accessory structures. Rooftop and building-mounted
small solar energy systems shall comply with the height limits and
setbacks for primary structures.
(c)
See Chapter 2 for specific bulk, density, and intensity requirements for accessory structures in each district.
(d)
Small solar energy systems are a conditional use in all zoning
districts. The City will apply Wis. Stats. §§ 66.0401
and 66.0403 of the Wisconsin Administrative Code, as amended, in the
evaluation of such requests.
1.
No restriction shall be placed, either directly or in effect,
on the installation or use of a solar energy system, unless the restriction
satisfies one of the following conditions:
(25)
Residential apiary: The assembly of one or more colonies of
honeybees on a single residential lot.
(a)
Hives may be located only on lots with an occupied residential
dwelling unit.
(b)
No more than six hives shall be located on a lot.
(c)
No hive shall exceed 20 cubic feet in volume.
(d)
No hive shall be located closer than three feet from any property
line.
(e)
No hive shall be located closer than 10 feet from a public sidewalk
or 25 feet from a principal building on an abutting lot.
(f)
A constant supply of water shall be provided for all hives.
(g)
A flyway barrier at least six feet in height shall shield any
part of a property line that is within 25 feet of a hive. The flyway
barrier shall consist of a wall, fence, dense vegetation or a combination
thereof and it shall be positioned to transect both legs of a triangle
extending from an apex at the hive to each end point of the part of
the property line to be shielded.
(h)
The owner, operator, or tenant shall obtain a conditional use
permit from the City.
(i)
Honeybee colonies shall be kept in hives with removable frames,
which frames shall be kept in sound and usable condition.
(j)
Hives shall be continuously managed to provide adequate living
space for their resident honeybees in order to control swarming.
(k)
In any instance in which a colony exhibits unusual aggressive
behavior (such as such as stinging without provocation or attacking
without provocation), it shall be the duty of the beekeeper to promptly
implement appropriate actions to address the behavior. If requeening
is required, queens shall be selected from European stock bred for
gentleness and nonswarming characteristics.
(l)
Fruit trees and other flowering trees located on the site of
an apiary shall not be sprayed, while in full bloom, with any substance
which is injurious to honeybees.
(26)
Tourist rooming house. Includes all lodging places and tourist
cabins and cottages, other than hotels and motels, in which sleeping
accommodations are offered for pay to tourists and transients. It
does not include private boarding houses or rooming houses not accommodating
tourists or transients, or bed-and-breakfast establishments regulated
under ACTP 73. Where such units are available for lease for periods
of time less than seven consecutive nights, such uses shall be considered
vacation rental homes, a principal use separately described and regulated
under this chapter.
(a)
Tourist rooming houses shall only be located as an accessory use within a single-family dwelling unit as defined in § 5-3-6.
(b)
The total number of days of operation within any calendar year
shall not exceed 180 days, which must be consecutive.
(c)
The minimum rental period shall be a minimum of seven consecutive
days by any one party.
(d)
The maximum number of occupants shall not exceed the total number
licensed by the State of Wisconsin or two per bedroom plus two additional
occupants, whichever is less.
(e)
The appearance or use of the dwelling shall not be altered in
a manner that would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, odors, dust or vibrations that carry
beyond the premises.
(f)
The availability of the tourist rooming house to the public
shall not be advertised on-site.
(g)
Minimum required parking: One space per each bedroom. All guest
vehicles shall be parked on site, within a legal paved parking space.
1.
A driveway may contain one or more legal parking spaces. Driveways
shall be considered legal "stacked" parking spaces, provided that
each driveway parking space is no less than eight feet in width and
18 feet in depth.
(27)
Electric
vehicle (EV) charging station: A parking space that is served by electric
vehicle supply equipment for the purpose of transferring electric
energy to a battery or other energy storage device in an electric
vehicle. Regulations:
[11-7-2022]
(a)
Electric vehicle charging station equipment must be designed and
located so as to not impede pedestrian, bicycle, or wheelchair movement
or create safety hazards on sidewalks and public rights-of-way.
(b)
Information must be posted clearly identifying voltage and amperage
levels and any type of use, fees, or safety information related to
the existence and use of the electric vehicle charging station.
(c)
Electric vehicle charging stations must be maintained in all respects,
including function of the equipment and aesthetic appearance. A telephone
number or other current contact information must be provided on the
equipment for reporting malfunction and/or problems encountered by
users.
All of the following temporary uses shall comply with § 5-10-29,
standards and procedures applicable to all temporary uses, except
as otherwise exempted in this chapter. Unless stated otherwise below,
temporary uses are limited to 30 days per calendar year. Certain temporary
uses may be extended in duration through the conditional use process.
(1)
Temporary moving container (residential): Portable storage containers
designed and used primarily for the temporary storage of household
goods and other such materials for use on a limited basis on residential
property.
Regulations:
(a)
The container shall not exceed outside dimensions of 16 feet
in length, eight feet in width, and nine feet in height.
(b)
The container shall be permitted on the property for up to 14
days associated with each change of occupancy as defined by a recorded
change in property ownership or valid lease.
(c)
The container cannot encroach on the public right-of-way, neighboring
property, sidewalk, or be placed in the street.
(d)
The container must be placed on asphalt, concrete, or a similar
hard-paved surface.
(2)
Temporary outdoor storage container (Nonresidential): Enclosed, lockable
storage containers such as shipping containers, semi-trailers, storage
pods, or other fully enclosed trailers for use on a limited basis
on a nonresidential property. Other forms of temporary outdoor storage
containers are prohibited.
Regulations:
(a)
The container must be placed on asphalt, concrete, or a similar
hard-paved surface.
(b)
The container shall be permitted on the property for up to 30 days per calendar year. Containers in place for more than 30 days per calendar year shall be regulated as outdoor storage and wholesaling under § 5-3-12(2) or incidental outdoor storage under § 5-3-17(19).
(3)
Garage or Estate Sale (Auction). Any temporary display of used household
goods for sale on a property customarily used as a residence. Such
sales are also commonly referred to as "rummage sales" or "yard sales."
Regulations:
(4)
Farmer's market. Farmer's markets include the temporary or occasional
outdoor retail sales of farm produce, plants and flowers, bakery goods,
and/or crafts from vehicles or temporary stands located within a parking
lot.
Regulations:
(5)
Temporary farm product sales: This land use includes the temporary
outdoor display and sale of farm products, typically from a roadside
stand.
Regulations:
(6)
Temporary outdoor sales: Includes the display of any items outside the confines of a building but not in a public right-of-way, which is not a permitted or conditional use or a special event otherwise regulated by the Municipal Code. Examples of this land use include, but are not limited to, sidewalk sales, seasonal garden shops, tent sales, Christmas tree sales, and fireworks sales. Food and/or beverage trucks, carts, stands, or trailers are regulated as outdoor commercial entertainment under § 5-3-9(9).
Regulations:
(a)
Temporary outdoor sales uses that exceed 90 days per calendar
year shall require a conditional use permit.
(b)
Display shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
(c)
If subject property is located adjacent to a residential zoning
district, sales and display activities shall be limited to daylight
hours.
(d)
The user shall provide a layout of the activities to the Zoning
Administrator for approval prior to any event or sales activity.
(e)
Minimum required parking: None.
(7)
Temporary outdoor assembly: Includes any organized outdoor assembly
of 75 to 250 persons such as outdoor weddings, wedding receptions,
or tent meetings.
Regulations:
(a)
Temporary outdoor assembly uses that exceed three days per calendar
year shall require a conditional use permit.
(b)
Activities shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
(c)
If the subject property is adjacent to a residentially zoned
property, activities shall be limited to daylight hours.
(8)
Temporary on-site construction storage: Includes any structure or
outdoor storage area designed for the on-site storage of construction
equipment and/or materials for an active construction project.
Regulations:
(a)
Temporary On-Site Construction Storage shall cease upon the
expiration of the building permit associated with the active construction
project. Projects requiring temporary on-site construction storage
to continue beyond the expiration date of the building permit shall
require a conditional use permit.
(b)
Projects requiring temporary on-site construction storage to
continue for more than 365 days shall require a conditional use permit.
(c)
The storage area shall be limited to a maximum area not to exceed
10% of the property's gross site area.
(9)
Temporary contractor's project office. Includes any structure containing
an on-site construction management office for an active construction
project.
Regulations:
(a)
The temporary contractor's project office land use shall be
removed upon the expiration of the building permit associated with
the active construction project. Projects requiring the office to
be in place beyond the expiration date of the building permit shall
require a conditional use permit.
(b)
The office shall not be used for sales activity.
(10)
Temporary on-site real estate sales office. Includes any building
which serves as an on-site sales office for a development project.
Regulations:
(11)
Temporary relocatable building: Includes any manufactured building
that serves as a temporary building for less than six months.
Regulations:
(12)
Temporary shelter structure: These shelters are typically supported
by poles, have a fabric or plastic roof and/or sides, and may be used
for short-term, temporary storage of vehicles and other personal property.
This does not include camping tents or permanent residential accessory
structures.
(a)
Temporary shelter structures to be in place beyond seven days
shall require a conditional use permit.
(13)
Temporary vehicle sales. Includes the sale of personal vehicles
and equipment on trailers such as ATVs, snowmobiles, motorcycles horse
trailers, campers, etc.
Regulations:
(a)
No more than one vehicle or trailer shall be for sale on any
property at any given time.
(b)
Vehicles or trailers for sale must be licensed.
(d)
Vehicles or trailers for sale must be parked in a legal parking
space or a residential driveway. Vehicles or trailers for sale shall
not be parked on a lawn or other landscaped area.