[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:
(a)
The types of activities that typically occur in conjunction
with the use;
(b)
The types of equipment and processes to be used;
(c)
The existence, number and frequency of residents, customers
or employees;
(d)
Parking demands of the use; and
(e)
Other factors deemed relevant to a use determination.
[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:
(1)
Specific group living use types.
a.
Adult family home: as defined in § 50.01(1), Wis.
Stats.
b.
Community living arrangement: as defined in § 46.03(22),
Wis. Stats.
c.
Foster home/treatment foster home: as defined in §§
48.02(6) and 48.02(17q), Wis. Stats.
(2)
Use-specific conditions of approval. In districts that require
conditional use approval (See Table 90-310-1.), the number of residents
in a group living use may not exceed the number of bedrooms in the
building.
[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.):
a.
Clubs and lodges must be located on lots with frontage on arterial
or collector streets.
b.
Clubs and lodges are prohibited in open, active tax increment
finance districts.
(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.):
a.
All impervious surfaces on the subject count as building coverage
for purposes of determining compliance with maximum building coverage
requisitions.
b.
Religious assembly uses are prohibited in open, active tax increment
finance districts.
(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.
a.
Type 1: indoor assembly and entertainment uses with a seating
or occupant capacity of no more than 250 persons.
b.
Type 2: outdoor assembly and entertainment uses and indoor assembly
and entertainment uses with a seating or occupant capacity of more
than 250 persons.
(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.
a. Indoor: Schools where teaching and training takes place primarily
indoors, has minimal outdoor storage, and has no noticeable noise,
odor, vibration, or other disturbances on neighboring uses.
b. Outdoor: Schools and other training facilities that involve outdoor
work or training activities.
(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:
[i]
Dedicated child-care facilities must occupy less than 30% of
the principal use structure or site area.
[ii]
Child-care areas shall be completely separate from any other
use or the only use permitted during the child-care's hours of operation.
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.
c.
Short-term rental: a residential dwelling that is offered for rent for a fee and for more than six but fewer than 29 consecutive days. Short-term rentals require a zoning compliance permit (§
90-580.20) and all applicable licenses and permits required by the state.
(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:
1. Surgical, rehabilitation and other medical centers that do not involve
overnight patient stays;
2. Medical and dental laboratories;
(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.
(1)
Specific participant sports and recreation use types.
a.
Indoor: participant sports and recreation uses conducted entirely
within buildings.
b.
Outdoor: participant sports and recreation uses conducted wholly
or partially outside of buildings.
(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.):
a.
Overnight outdoor vehicle storage is limited to a maximum of
six vehicles.
b.
Fuel sales uses are subject to a maximum limit of eight fuel
pumps.
[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.)