[Ord. No. 19-2020, 6-8-2020]
This division describes the system used to classify and define principal uses in this zoning chapter.
[Ord. No. 19-2020, 6-8-2020]
This zoning chapter classifies principal land uses into seven major groupings. These major groupings are referred to as "use categories." The use categories are as follows:
[Ord. No. 19-2020, 6-8-2020]
Each use category is further divided into more specific subcategories. Use subcategories classify principal land uses and activities based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions.
[Ord. No. 19-2020, 6-8-2020]
Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.
[Ord. No. 19-2020, 6-8-2020]
The Community Development Director is authorized to assign proposed land uses to the appropriate category and subcategory based on the provisions of this division. In doing so, the Community Development Director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this division. In making such determinations, the Community Development Director must consider:
[Ord. No. 19-2020, 6-8-2020]
The residential use category includes uses that provide for long-term residential occupancy by individual households or by groups of people living together in a nonhousehold setting.
(a)
Household living. Household living is residential occupancy of a dwelling unit by a single household for tenancy periods of 29 consecutive days or more, including single-household, two-household, three-household, and three-or-more-household uses.
(1)
Specific household living use types.
a.
Single household: one principal dwelling unit on a single lot, which may also include an accessory dwelling unit in the form of a secondary suite or backyard cottage, if allowed by the subject zoning district.
b.
Two households: two principal dwelling units on a single lot.
c.
Three or more households: three or more principal dwelling units occupying a single building on a single lot.
(b)
Group living. Group living is residential occupancy of a building or any portion of a building by a group other than a household. Tenancy is typically arranged on a long-term (29 consecutive days or longer) basis. Buildings or spaces occupied by group living uses contain individual rooms with private or shared bathroom facilities and may also contain shared kitchen facilities, and/or common dining and living areas for residents. Residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site. Examples of group living uses include fraternities, sororities, convents, monasteries, nursing homes and the following:
[Ord. No. 19-2020, 6-8-2020]
The public and civic use category includes public, quasi-public, civic and institutional uses.
(a)
Airport: facilities from which FAA-certified aircraft take off, land and operate, including customary accessory uses and structures; also includes passenger ticketing, loading and unloading facilities.
(b)
Cemetery: lands and facilities for the interment of humans or domestic household pets, including columbariums and mausoleums.
(c)
Club or lodge: the use of a building or lot by a membership-based organization that restricts access to its facility to bona fide, dues-paying members and their occasional guests and in which the primary activity is a service not carried on as a business enterprise. Clubs and lodges are characterized by definite membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws.
(1)
Use-specific conditions of approval. The following conditions apply in districts that require conditional use approval for club or lodge uses (See Table 90-310-1.):
(d)
College or university: academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.
(e)
Detention or correctional facility: an institution operated by the Village, the state, the federal government or a private party under contract with the Village, the state or the federal government for the confinement and punishment and treatment or rehabilitation of offenders under the jurisdiction of a court.
(f)
Governmental service: Village, county, state or federal government services or facilities that are not otherwise classified under the use classification system of this division.
(1)
Use-specific conditions of approval. In districts that require conditional use approval for governmental service uses (See Table 90-310-1.), such uses must be located on lots with frontage on arterial or collector streets.
(g)
Hospital: uses providing medical or surgical care to patients and offering inpatient (overnight) care.
(h)
Library or cultural exhibit: museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art or library collections of books, manuscripts and similar materials operated by a public or quasi-public agency.
(i)
Natural resource preservation: undeveloped land left in a natural state for specific use as visual open space or for environmental purposes. Typical uses include wildlife or nature preserves, arboretums, and flood management projects.
(j)
Parks and recreation: recreational, social or multipurpose uses associated with public parks and open spaces, including playgrounds, playfields, play courts, community centers and other facilities typically associated with public parks and open space areas: also includes public and private golf courses and tennis clubs.
(k)
Religious assembly: the conduct of organized religious services. Examples include synagogues, temples, mosques and churches.
(1)
Use-specific conditions of approval. The following conditions apply in districts that require conditional use approval for religious assembly uses (See Table 90-310-1.):
(l)
Safety service. Establishments that provide fire, police or life protection services, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.
(1)
Use-specific conditions of approval. In districts that require conditional use approval for safety service use (See Table 90-310-1.), such uses must be located on lots with frontage on arterial or collector streets.
(m)
School: public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory, state-mandated education.
(n)
Utilities and public services.
(1)
Specific utilities and public services use types.
a.
Minor: infrastructure services that typically have very limited adverse visual or operational impacts and that require location in or very near the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/broadcast facilities.
b.
Major: infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include high-voltage electric substations, utility-scale power generation facilities and utility-scale water storage facilities, such as water towers and reservoirs.
[Ord. No. 19-2020, 6-8-2020]
The commercial use category includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use subcategories are as follows.
(a)
Animal service: uses that provide goods and services for care of animals, including the following use subcategories:
(1)
Specific animal service use types.
a.
Boarding: the keeping of and care for companion animals for remuneration or profit. Typical uses include boarding kennels, pet resorts/hotels, doggy or pet day-care facilities, pet foster care homes, dog training centers and animal rescue shelters.
b.
Grooming: grooming of companion animals, including dog bathing and clipping salons and pet grooming shops. No outside animal runs or kennels are allowed unless located in a zoning district that permits boarding, in which case the regulations that apply to animal boarding must be met.
c.
Veterinary. Animal hospitals and veterinary clinics staffed by veterinarians.
(2)
Use-specific conditions of approval. The following conditions apply in districts that require conditional use approval for animal service uses (See Table 90-310-1.):
a.
No outside animal runs or kennels are allowed unless located in a zoning district that permits animal boarding, in which case the regulations and procedures that apply to animal boarding must be met.
b.
Any building or outdoor enclosure in which animals are boarded or exercised must be set back at least 100 feet from any principal residential dwelling unit on an adjacent lot.
(b)
Assembly and entertainment: buildings and other facilities that accommodate public assembly for spectator-oriented sports, amusement, or entertainment events. Typical uses include auditoriums, stadiums, banquet halls, event centers, theaters and cinemas.
(1)
Specific assembly and entertainment use types.
(c)
Business or trade school: uses in an enclosed building that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses.
[Amended 4-25-2022 by Ord. No. 15-2022]
(1)
Specific business or trade school use types.
(d)
Commercial service: uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.
(1)
Specific commercial service use types.
a.
Consumer maintenance and repair service: uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business). Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Businesses that offer repair and maintenance service for large equipment or technicians who visit customers' homes or places of business are classified as classified general manufacturing, production and industrial service uses.
b.
Personal service: uses that provide personal support and improvement services to individual consumers. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas; also includes uses involved in providing tattoos, piercing and similar forms of body art.
c.
Studio or instructional service: uses that provide individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities; also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.
(e)
Day care: uses licensed by the state and providing care and supervision for children or adults away from their primary residence for more than four hours and less than 24 hours per day.
(1)
Specific day care use types.
a.
Adult day care: a day care for elderly and/or adults with disabilities.
b.
Family day-care home: a day care for eight or fewer individuals under seven years of age. Family day-care homes are operated from a residential dwelling unit by one or more members of the household who reside in the dwelling unit.
c.
Day-care center. A day care for nine or more individuals under seven years of age.
1.
The following conditions apply in districts that require conditional use approval for day-care center use (see Table 90-310-1):
[Added 10-12-2020 by Ord. No. 11-2020]
i.
If accessory to another principal use allowed in district:
ii.
In general:
[i]
Minimum site area: 14,000 square feet.
[ii]
Minimum of 35 square feet of usable, dedicated floor space per child.
[iii]
Minimum of 75 square feet of outdoor space for each child aged two years or over, 35 square feet for children between zero and two years old. Minimum 750 square feet of dedicated area or 1/3 the number of total children, whichever is greater.
[iv]
Compliance with all applicable regulations in the Wisconsin statutes in Chapter 48, Subchapters XV and XVI, as well as the Wisconsin Administrative Code DCF 202-204, DCF 250, DCF 251, and DCF 252.
(f)
Financial service: uses related to the exchange, lending, borrowing and safe-keeping of money. Automatic teller machines, kiosks and similar facilities that do not have on-site employees or amplified sound are not classified as financial service uses if they meet the criteria for classification as an accessory use. (See Division 90-330.)
(1)
Specific financial service use types.
a.
Convenient cash business: establishments that provide nontraditional, short-term consumer loans in which the consumer receives cash in exchange for giving the lender a post-dated check, title to a motor vehicle, or electronic access to the consumer's bank account for the amount of the loan for a period of time before negotiating the check or for payment to the lender of an agreed-upon finance fee or refinancing or consolidating such transaction. Such businesses expressly include licensed lenders, pursuant to § 138.09, Wis. Stats., pawnbrokers, pursuant to § 138.10, Wis. Stats., payday loan lenders under § 138.14, Wis. Stats., title loan lenders under § 138.16, Wis. Stats., currency exchanges under § 218.05, Wis. Stats., and similar businesses.
b.
Financial institution: any business authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan associations and credit unions. This term does not include a convenient cash business.
(g)
Funeral and mortuary service: uses that provide services related to the death of a human or companion animal, including funeral homes and mortuaries.
(h)
Lodging: uses that provide temporary overnight or short-term sleeping accommodations or lodging for guests paying a fee or other form of compensation. Lodging uses sometimes provide food or entertainment, primarily to registered guests. Lodging use types include: bed-and-breakfast inns, hotels and motels, and short-term rentals and overnight shelters.
(1)
Specific lodging use types.
a.
Bed-and-breakfast inn: a lodging establishment conducted within a detached house in which the resident owner/operator offers six or fewer guest rooms and meal service to overnight guests. Uses that provide meal service to those who are not overnight guests are classified as restaurants.
b.
Hotel or motel: a lodging establishment other than a bed-and-breakfast inn or short-term rental. Guest rooms in hotels are accessed via internal corridors. Guest rooms in motels are accessed directly from outdoors.
(i)
Office: uses in an enclosed building, customarily performed in an office, that focus on providing executive, management, administrative, professional or medical services. Specific office use types include the following:
(1)
Specific office use types.
a.
Business or professional office: office uses other than medical, dental and health practitioners offices. Examples include corporate offices, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also includes:
1.
Broadcast and recording studios;
2.
Uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products or involve the use of hazardous materials or processes; and
3.
Insurance claims adjusters/estimators with no more than one vehicle inspection bay and no on-site repair facilities.
b.
Medical or health practitioner office: office uses related to diagnosis and treatment of human patients' illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists, chiropractors and practitioners of massage therapy; also includes:
(j)
Parking, nonaccessory: parking that is not provided to comply with minimum off-street parking requirements of this zoning chapter and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A facility that provides both accessory parking and nonaccessory parking is classified as nonaccessory parking.
(k)
Food and alcohol service: establishments that produce and serve food or beverages at a nonindustrial scale.
[Amended 9-28-2020 by Ord. No. 12-2020]
(1)
Specific use types.
a.
Restaurant: an establishment that serves food or beverages for on- or off-premises consumption as its principal business. Typical examples of restaurant uses include sit-down or fine dining restaurants, cafes, cafeterias, kitchens, supper clubs, ice cream/yogurt shops, donut shops, coffee shops and food trucks.
b.
Bar: uses that cater primarily to adults 21 years of age and older and that sell and serve beer, wine or alcoholic liquor for on-premises consumption as their principal business. Typical uses include bars, taverns, brewpubs (restaurants that serve beer produced on-site), tasting rooms and nightclubs; also includes smoking lounges, hookah lounges, and similar establishments, whether conducted as a principal or accessory use.
c.
Small-batch alcohol producers: alcohol production facilities, including microbreweries, microdistilleries, and microwineries that produce less than 10,000 beer barrels (1,173,478 liters, 310,000 gallons) of cumulative product per year and contain at least 500 square feet of customer-facing service area. Facilities producing over 10,000 beer barrels or without customer-facing service areas are classified as food manufacturing under Limited Manufacturing, Production, and Industrial Services.
(l)
Retail sales: uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.
(1)
Specific retail sales use types.
a.
Convenience goods: retail sales uses that sell or otherwise provide 1) sundry goods; 2) products for personal grooming and for the day-to-day maintenance of personal health; or 3) food or beverages for off-premises consumption, retail bakeries and similar uses that provide incidental and accessory food and beverage service as part of their primary retail sales business. Typical uses include convenience stores, grocery stores, drugstores, specialty food stores, wine or liquor stores, newsstands and florists.
b.
Consumer shopping goods: retail sales uses that sell or otherwise provide wearing apparel, fashion accessories, furniture, household appliances and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort or aesthetics. Typical uses include clothing stores, department stores, appliance stores, TV and electronics stores, bike shops, bookstores, costume rental stores, stationery stores, art galleries, hobby shops, hardware stores (less than 10,001 square feet), furniture stores, pet stores and pet supply stores, shoe stores, antique shops, secondhand stores, record stores, toy stores, sporting goods stores, variety stores, video stores, musical instrument stores, medical supplies, office supplies and office furnishing stores and wig shops.
c.
Building supplies and equipment: retail sales uses that sell or otherwise provide goods to repair, maintain or visually enhance a structure or premises and that include more than 10,000 square feet of gross floor area or that involve outdoor storage of goods. Typical uses include home improvement stores and garden supply stores.
(m)
Self-service storage facility: an enclosed use that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses. Facilities are designed and used to accommodate only interior access to storage lockers or drive-up access only from regular size passenger vehicles and two-axle, noncommercial vehicles. Facilities with outdoor storage are classified and regulated as outdoor warehousing, wholesaling and freight movement uses.
(n)
Sexually oriented business establishment. Sexually oriented business establishments include all of the following specific use types.
(1)
Specific sexually oriented business establishment use types.
a.
Adult amusement or entertainment: amusement or entertainment that is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to sexual conduct or specified anatomical areas, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.
b.
Adult bookstore: an establishment wherein 10% or more of its display area consists of books, films, videos, magazines, periodicals, games, novelties or other materials that are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas (referred to in this section as "sexually oriented materials"). As used in this definition of "adult bookstore," "display area" is measured as follows:
1.
For bookshelves, magazine racks and similar display devices, display area is calculated by multiplying the length times the width of such devices. If sexually oriented materials are mixed with nonsexually oriented materials in or on such devices, the entire device is considered as consisting of sexually oriented materials.
2.
For table tops, counters, display cases and similar display devices, display area is calculated by multiplying the length times the width of each surface on which merchandise is displayed. If sexually oriented materials are mixed with nonsexually oriented materials on such surfaces, the entire surface is considered as consisting of sexually oriented materials.
3.
For walls, display area is the area of the wall enclosed by the smallest imaginary rectangle that contains each item.
4.
The display area of merchandise hanging or suspended from the ceiling is calculated by multiplying the item's length or width, whichever is longer, times the item's height.
c.
Adult mini motion-picture theater: an enclosed building with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
d.
Adult motel: a motel in which material is presented, as part of the motel services, via closed circuit TV or otherwise, that is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
e.
Adult motion-picture arcade: any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
f.
Adult motion-picture theater: an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
g.
Massage parlor: any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
h.
Model studio: any place other than public park, museum or university or college art classes where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.
i.
Sexual encounter center: any building or structure that contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devices or equipment or by personnel provided by the establishment that appeals to the prurient interest of the patron, to include, but not to be limited to bathhouses, massage parlors, and related or similar activities.
(o)
Sports and recreation, participant: provision of sports or recreation primarily by and for participants. (Spectators are incidental.) Examples include bowling alleys, health clubs, skating rinks, billiard parlors, miniature golf courses, batting cages, and go-cart tracks.
(p)
Vehicle sales and service: uses that provide for the sale, rental, maintenance or repair of new or used vehicles and vehicular equipment. The vehicle sales and service subcategory includes the following specific use types.
(1)
Specific vehicle sales and service use types.
a.
Commercial vehicle repair and maintenance: uses, excluding vehicle paint finishing shops, that repair, install or maintain the mechanical components or the bodies of large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft or similar large vehicles and vehicular equipment; includes truck stops and fleet vehicle fueling facilities, which may dispense conventional vehicle fuels and/or alternative vehicle fuels.
b.
Commercial vehicle sales and rentals: uses that provide for the sale or rental of large trucks, moving equipment (e.g., U-Haul and Ryder), construction or agricultural equipment, aircraft, or similar large vehicles and vehicular equipment.
c.
Fuel sales: uses engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops. Fleet vehicle fueling facilities are classified as commercial vehicle repair and maintenance uses. Fueling stations may dispense conventional vehicle fuels and/or alternative vehicle fuels.
d.
Personal vehicle repair and maintenance: uses that repair, install or maintain the mechanical components of automobiles, small trucks or vans, motorcycles, motor homes or recreational vehicles, including recreational boats, or that wash, clean or otherwise protect the exterior or interior surfaces of these vehicles.
e.
Personal vehicle sales and rentals: uses that provide for the sale or rental of new or used autos, small trucks or vans, trailers, motorcycles, motor homes or recreational vehicles, including recreational watercraft. Typical examples include automobile dealers, auto malls, car rental agencies. Car-share vehicles that are parked or stored when not being used by members of a car-share program are not regulated as personal vehicle sales and rental uses, but are instead considered accessory parking.
f.
Truck stop: facilities providing service to semi-tractors and other large trucks and vehicles, including the sale of fuel to intrastate and interstate truck drivers, and provision of customary support facilities for truck drivers. Truck stops are designed to accommodate large semi-tractor/trailer combinations and truck drivers, and may also be utilized by smaller trucks and other interstate travelers.
g.
Vehicle body and paint finishing shop: uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means.
(2)
Use-specific conditions of approval. The following conditions apply in districts that require conditional use approval for vehicle sales and service uses (See Table 90-310-1.):
[Ord. No. 19-2020, 6-8-2020; amended 2-27-2023 by Ord. No. 7-2023; 10-23-2023 by Ord. No. 23-2023]
The industrial use category includes uses that produce goods from extracted materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced. It also includes uses that store or distribute materials or goods as a principal use; recycling and waste-related uses; and mining, quarrying and other extractive activities.
(a)
Junk/salvage yard: an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junk or salvage yard includes an auto wrecking yard, but does not include waste-related uses or recycling facilities.
(1)
All proposed junk/salvage yard uses must apply for a development plan.
(b)
Manufacturing, production and industrial services: any of the following specific use types.
(1)
Specific manufacturing, production and industrial service use types.
a.
Artisan: production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment carried on in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking/loading. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties.
b.
Limited: manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include: catering establishments; printing and related support activities; machinery manufacturing; food manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/assembly; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties.
c.
General.
1.
Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Typical uses include: textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing; also includes medical, scientific or technology-related research establishments that produce odors, dust, vibration, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property.
2.
Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products or by-products. Typical uses include: welding shops; machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; laundry, dry-cleaning and carpet cleaning plants; and photofinishing laboratories.
d.
Intensive: manufacturing of acetylene, cement, lime, gypsum or plaster-of-paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials; also includes smelting and animal slaughtering.
1.
All proposed intensive manufacturing, production and industrial service uses must apply for a development plan.
(c)
Mining/quarrying: the extraction of mineral or aggregate resources from the ground for off-site use. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil and gas drilling.
(1)
All proposed mining/quarrying uses must apply for a development plan.
(d)
Warehousing, wholesaling and freight movement: any of the following:
(1)
Establishments engaged in the storage or movement of goods for themselves or other firms or the sale, lease, or rental of goods primarily intended for industrial, institutional, or commercial businesses.
(2)
Establishments engaged in long-term and short-term storage of goods that do not meet the definition of a self-service storage facility.
(3)
Establishments engaged in the wholesale sales, bulk storage and distribution of goods. Such uses may also include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, monument sales, and portable storage building sales.
(4)
Establishments used primarily for the storage, management, processing, and transmission of digital data, which houses computer or network equipment, systems, servers, appliances, and other associated components related to digital data storage and operations.
(e)
Waste-related use. Waste-related uses are characterized by the receiving of solid or liquid wastes from other users and sites for transfer to another location; by the collection of sanitary wastes, or other approved waste materials for on-site disposal; or by the manufacture or production of goods or energy from the composting of organic material.
(1)
Specific waste-related use types.
a.
Demolition debris landfill: facility or site used for the disposal of demolition waste, construction materials, used building materials, brush, wood waste, soil, rock, concrete and inert solids soluble in water.
b.
Solid waste separation facility: a facility where mixed municipal solid waste is separated into recovered materials and other components either manually or mechanically and further processed for transporting to other facilities, including a solid waste disposal area.
c.
Transfer station: a facility for the transfer and packing of solid waste from smaller collecting vehicles to larger transport vehicles.
d.
Recycling service: any building, portion of building or area in which recyclable material is collected, stored, or processed for the purpose of marketing the material for use as raw material in the manufacturing process of new, reused or reconstituted products.
(2)
Use-specific conditions of approval. All proposed waste-related uses must apply for a development plan.
[Ord. No. 19-2020, 6-8-2020]
The agricultural use category includes general farming and community garden uses.
(a)
Agritourism: farm-related enterprises that operate for the enjoyment and education of the public and that combine agriculture and tourism or entertainment-related uses. Agritourism uses include all of the following specific use types.
(1)
Specific agritourism use types.
a.
Agriculture cultural center: a facility established for the purpose of educating the public about agricultural activities, or the heritage and culture of agricultural activities. In addition, this use subcategory includes museums dedicated solely to agriculture themes and living history farm sites.
b.
Agritainment: events and activities that allow for recreation, entertainment, and tourism in conjunction with agriculture support and services directly associated with on-going agricultural activities on-site that are for-profit. Events and activities include the following: hay rides, corn mazes, hay mazes, petting zoos (farm animals only) and agricultural festivals.
c.
Eco-tourism enterprise: tourism activities and facilities that focus on visitation and observation of or education about natural history, indigenous ecosystems, native plant or animal species, natural scenery or other features of the natural environment. Eco-tourism enterprises may include cultural activities related to such activities or work projects that help conserve or safeguard the integrity of a natural feature, habitat, or ecosystem.
d.
Restaurant, farm-based: restaurants on tracts occupied by a working farm that serve food and beverages for on-premises consumption. Food served at a farm-based restaurant must primarily come from plants or animals grown or raised on-site or on tracts that are part of the subject farm.
e.
Participatory farms: farm-based, tourism-driven enterprises where individuals or groups pay to participate on a working farm.
f.
Rural retreat: an establishment that is part of a working farm that provides temporary overnight accommodations for individuals or groups engaged in supervised training or personal improvement activities. Examples include corporate retreat facilities, educational retreat facilities and working farm learning centers.
g.
Winery, brewery or distillery: a manufacturing facility or establishment engaged in small-batch preparation of beer, wine or distilled spirits, including tasting rooms where beer, wine or liquor products produced on the subject property or on tracts that are part of the subject farm may be sold for on- or off-premises consumption.
(b)
Community garden: areas of no more than one acre in areas that are managed and maintained by a group of individuals to grow and harvest food crops or non-food crops (e.g., flowers). A community garden area may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. Community gardens may be principal or accessory uses.
(c)
Crop agriculture: an area managed and maintained by an individual, group or business entity to grow and harvest food crops or non-food crops (e.g., flowers) for sale or distribution. Farms may be principal accessory uses and may be located on land, on a roof or within a building.
(d)
Horses, livestock and farm animals: uses engaged in the feeding, housing and care of horses, livestock or farm animals for private or commercial purposes. (See also Division 90-340).
[Ord. No. 19-2020, 6-8-2020]
This category includes uses that do not fit the other use categories or that require distinction from other use classifications.
(a)
Drive-in or drive-through establishment: a use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.
(1)
Use-specific conditions of approval. The following conditions apply in districts that require conditional use approval for drive-in or drive-through establishments (See Table 90-310-1.):
a.
Multiple drive-through lanes are prohibited.
b.
Proposals to establish new drive-through lanes require a traffic impact analysis. (See § 90-420.130.)