Village of Allouez, WI Article VII Uses

§ 475-701 Principal uses allowed.

A. Use table. Principal uses are allowed in accordance with Table 7-1.

B. Interpreting the use table.

(1) Use classification system. Uses are listed in the first column of Table 7-1. This chapter classifies uses into categories and subcategories, as explained in § 475-702. In some cases, specific use types are listed in addition to the use categories and subcategories.

(2) Permitted uses.

(a) Uses identified with a "

•

" are permitted as-of-right in the subject zoning district, subject to compliance with any supplemental regulations identified in the final column of Table 7-1 and with all other applicable regulations of this chapter.

(b) Uses identified with a "

▪

" are permitted as-of-right in the subject zoning district but only when located above the ground floor. Such uses are prohibited on the ground floor.

(3) Conditional uses. Uses identified with "

©

" are allowed only if reviewed and approved in accordance with the conditional use procedures of § 475-1105.

(4) Prohibited uses. Uses identified with an "—" are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted (as stated in § 475-702) to fall within any defined use category or subcategory are also prohibited.

(5) Reference. The final ("Reference") column of Table 7-1 includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as of right or requires conditional use approval. Bracketed numbers also refer to use-specific conditions, which are included as footnotes immediately following the use table.

(6) Accessory use. Accessory uses are generally not identified by Table 7-1. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by conditional use approval, subject to compliance with all applicable accessory use regulations of § 475-709.

Table 7-1 Principal Use Table
	Key:
	•	= Permitted by right
	▪	= Permitted only above ground-floor
	©	= Conditional use
	—	= Prohibited
	Districts
USE CATEGORY	Residential		Mixed-Use						Special
Use subcategory	R1	R2	NX	GX	GXR	MXR	MX2	MX1	PI-1	PI-2	Definition and Regulations
Specific use type
RESIDENTIAL											See § 475-703.
Household living
Single-household	•	•	•	•	•	•	•	▪	—	—	§ 475-703A
Two-household	—	•	•	•	•	•	•	▪	—	—	§ 475-703A
Three-plus-household	—	—	•	•	•	•	•	▪	—	—	§ 475-703A
Live-work	—	—	—	•	•	•	•	•	—	—	§ 475-703A
Group living
Adult family home	•	•	•	•	•	▪	▪	▪	—	—	§ 475-703B
Community living arrangement (up to 8 residents)	•	•	•	•	•	▪	▪	▪	—	—	§ 475-703B
Community living arrangement (9 to 15 residents)	©	©	•	•	•	▪	▪	▪	—	—	§ 475-703B
Community living arrangement (over 16 residents)	©	©	©	©	©	© ▪	© ▪	© ▪	—	—	§ 475-703B
Foster home	•	•	•	•	•	▪	▪	▪	—	—	§ 475-703B
Group living not otherwise classified	—	—	•	•	•	▪	▪	▪	—	—	§ 475-703B
PUBLIC AND CIVIC											See § 475-704.
Cemetery	•	•	•	—	—	—	—	—	•	•	§ 475-704A
Club or lodge	—	•	•	•	•	▪	▪	▪	•	•	§ 475-704B
College or university	—	—	—	•	•	▪	▪	▪	—	•	§ 475-704C
Hospital	—	—	—	•	•	▪	▪	▪	—	•	§ 475-704D
Library or cultural exhibit	•	•	•	•	•	•	•	•	•	•	§ 475-704E
Parks and recreation	•	•	•	•	•	•	•	•	•	•	§ 475-704F
Recyclable material dropoff station	—	—	—	—	—	—	—	—	•	•	§ 475-704G
Religious assembly	•	•	•	•	•	•	•	—	•	•	§ 475-704H
Safety service	—	—	—	•	•	•	•	—	•	•	§ 475-704I
School	•	•	•	•	•	▪	▪	▪	•	•	§ 475-704J
Utilities and public service facilities
Minor	•	•	•	•	•	•	•	•	•	•	§ 475-704K
Major	—	—	—	—	—	—	—	—	©	©	§ 475-704K
COMMERCIAL											See § 475-705.
Animal service
Boarding	—	—	—	©	©	—	—	—	—	—	§ 475-705A
Grooming	—	—	—	•	•	•	•	•	—	—	§ 475-705A
Veterinary	—	—	—	•	•	•	•	•	—	—	§ 475-705A
Assembly and entertainment
Small	—	—	—	•	•	•	•	•	—	—	§ 475-705B
Large	—	—	—	•	•	•	—	•	—	—	§ 475-705B
Business or trade school	—	—	—	•	•	•	▪	▪	—	—	§ 475-705C
Commercial service
Consumer maintenance and repair	—	—	—	• *	• *	•	•	•	—	—	§ 475-705D
Personal service	—	—	—	•	•	•	•	•	—	—	§ 475-705D
Studio or instructional service	—	—	—	•	•	•	•	•	—	—	§ 475-705D
Day care
Family day-care home	•	•	—	•	•	•	•	•	—	—	§ 475-705E
Group day-care center	—	—	—	•	•	•	•	•	—	—	§ 475-705E
Adult day-care facility	—	—	—	•	•	•	•	—	—	—	§ 475-705E
Eating and drinking places
Restaurant	—	—	—	• *	• *	•	•	•	—	—	§ 475-705F
Bar	—	—	—	—	• *	•	•	•	—	—	§ 475-705F
Financial service (except as below)	—	—	—	•	•	•	•	•	—	—
Convenient cash business	—	—	—	—	—	• *	• *	• *	—	—	§ 475-705G
Pawnshop	—	—	—	—	—	• *	• *	• *	—	—	§ 475-705G
Funeral or mortuary service	—	—	—	•	•	—	—	—	—	—	§ 475-705H
Lodging
Bed-and-breakfast	—	—	•	•	•	▪	▪	▪	—	—	§ 475-705I
Short-term rental	•	•	•	•	•	▪	▪	▪	—	—	§ 475-705I
Hotel	—	—	—	•	•	•	▪	▪	—	—	§ 475-705I
Medical service	—	—	—	•	•	•	•	•	—	—	§ 475-705J
Office	—	—	—	•	•	•	▪	▪	—	—	§ 475-705K
Parking, nonaccessory	—	—	—	©	©	©	©	©	—	—	§ 475-705L
Retail sales
Convenience goods	—	—	—	• *	• *	•	•	•	—	—	§ 475-705M
Consumer shopping goods	—	—	—	• *	• *	•	•	•	—	—	§ 475-705M
Building materials and supplies	—	—	—	—	—	•	•	—	—	—	§ 475-705M
Sports and recreation, participant
Indoor	—	—	—	•	•	•	•	•	—	—	§ 475-705N
Outdoor	—	—	—	•	•	•	•	•	—	—	§ 475-705N
Vehicle sales and service
Fueling station	—	—	—	—	—	—	©	—	—	—	§ 475-705O
Vehicle sales	—	—	—	—	—	—	©	—	—	—	§ 475-705O
Vehicle rental	—	—	—	—	—	—	•	•	—	—	§ 475-705O
Vehicle maintenance and repair, minor	—	—	—	—	—	—	©	—	—	—	§ 475-705O
Vehicle maintenance and repair, major	—	—	—	—	—	—	©	—	—	—	§ 475-705O
INDUSTRIAL
Fabrication and production
Artisan	—	—	—	• *	• *	• *	• *	• *	—	—	§ 475-706A
Low-impact	—	—	—	—	—	—	—	—	—	—	§ 475-706A
Greenhouse/nursery	—	—	—	• *	• *	• *	• *	—	—	—	§ 475-706A
Storage, distribution and wholesaling
Self-service storage	—	—	—	©	—	—	—	—	—	—	§ 475-706B
Warehouse	—	—	—	—	—	—	—	—	—	—	§ 475-706B
Wholesale sales and distribution	—	—	—	—	—	—	—	—	—	—	§ 475-706B
AGRICULTURAL
Community garden	•	•	•	•	•	•	•	•	•	•	§ 475-707A
Animal agriculture	—	—	—	—	—	—	—	—	—	—	§ 475-707B
Crop agriculture	—	—	—	—	—	—	—	—	—	—	§ 475-707C
OTHER
Drive-in/drive-through service	—	—	—	• *	• *	• *	• *	• *	—	—	§ 475-708A

§ 475-702 Use classifications.

A. General. This section describes the system used to classify principal uses in this chapter.

B. Use categories. This chapter classifies principal land uses into seven major groupings). These major groupings are referred to as "use categories." The use categories are as follows:

(1) Residential. (See § 475-703.)

(2) Public and civic. (See § 475-704.)

(3) Commercial. (See § 475-705.)

(4) Industrial. (See § 475-706.)

(5) Agricultural. (See § 475-707.)

(6) Other. (See § 475-708.)

C. Use subcategories. 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.

D. Specific use types. Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

E. Classification of uses.

(1) The Planning and Zoning Administrator is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.

(2) When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the Planning and Zoning Administrator 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 article. In making such determinations, the Planning and Zoning Administrator 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.

(3) If a use can reasonably be classified in multiple categories, subcategories or specific use types, the Planning and Zoning Administrator is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate fit.

§ 475-703 Residential uses.

The residential use category includes uses that provide for long-term residential occupancy by individual households or by groups of people.

A. Household living. Household living is residential occupancy of a dwelling unit by a single household for tenancy periods of 30 consecutive days or more, including, single household, two-household, three-household, three-plus-household and live-work uses.

(1) 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, where such units are allowed.

(2) Two-household: two principal dwelling units on a single lot.

(3) Three-plus-household: three or more principal dwelling units occupying a single building on a single lot.

(4) Live-work: a building or space within a building used jointly for residential and nonresidential uses allowed within the subject zoning district.

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 (thirty-day 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, community living arrangements, adult family homes, foster homes, treatment foster homes, monasteries and nursing homes.

(1) Adult family home: as defined in § 50.01(1), Wis. Stats.

(2) Community living arrangement: as defined in §  46.03(22), Wis. Stats.

(3) Foster home/treatment foster home: as defined in §§ 48.02(6) and 48.02(17q), Wis. Stats.

C. Density restrictions for designated sex offenders. Any building or other place intended for human habitation, on a temporary or permanent basis, including, without limitation, buildings occupied by household living uses, buildings occupied by group living uses or buildings occupied by lodging uses may not include more than one individual who is a designated sex offender under the provisions of §§ 301.45 and 301.46, Wis. Stats. This section density restriction does not apply to a designated sex offender who is living with his/her immediate family. For purposes of this section, "immediate family" is defined as the designated sex offender's spouse, parent, grandparent, brother or sister of the whole or half blood, child, stepchild or child by adoption, including children who have been placed in foster care, as defined by the Wisconsin Statutes.

§ 475-704 Public and civic uses.

The public and civic use category includes public, quasi-public, civic and institutional uses.

A. Cemetery: lands and facilities for the interment of humans or domestic household pets, including columbariums and mausoleums.

B. 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.

C. College or university: academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

D. Hospital: uses providing medical or surgical care to patients and offering inpatient (overnight) care.

E. 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.

F. 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.

G. Recyclable material dropoff station: an establishment that 1) accepts consumer recyclable commodities directly from the consuming party; 2) is staffed by personnel during times when recyclables are accepted from consumers; and 3) stores materials temporarily before transferring them to recyclable material processing facilities. Recyclable material dropoff bins are regulated as accessory uses/structures. Establishments engaged in long-term storage or processing of recyclable materials are classified as industrial uses.

H. Religious assembly: the conduct of organized religious services. Examples include synagogues, temples, mosques and churches.

I. 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.

J. School: public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory, state-mandated education.

K. Utilities and public service facilities.

(1) Minor: infrastructure services 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.

(2) 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.

§ 475-705 Commercial uses.

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) Boarding: the keeping of and care for any number of companion animals for remuneration or profit. Typical uses include boarding kennels, pet resorts/hotels, doggy or pet day-care facilities, foster care homes, dog training centers and animal rescue shelters. Any building or structure in which animals are kept or exercised must be set back at least 100 feet from any R-zoned lot.

(2) 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.

(3) Veterinary: animal hospitals and veterinary clinics staffed by veterinarians. 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.

B. Assembly and entertainment: buildings and other facilities that accommodate public assembly for spectator-oriented sports, amusement, or entertainment events. Typical uses include event centers, theaters and cinemas.

(1) Small: assembly and entertainment uses with a seating or occupant capacity of no more than 250 persons.

(2) Large: 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. Schools and other training facilities that involve outdoor work or training activities are classified as industrial services.

D. Commercial service: uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.

(1) Consumer maintenance and repair service.

(a) 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 pickup shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Business that offer repair and maintenance service for large equipment or technicians who visit customers' homes or places of business are classified as an industrial service.

(b) Supplemental use regulations. Consumer maintenance and repair service uses subject to supplemental use regulations, as indicated in Table 7-1, are allowed only on the ground story and may occupy no more than 25% of the ground-story floor space.

(2) Personal service: uses that provide personal support and improvement services. 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.

(3) Studio or instructional service: uses that focus on providing 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) Day-care facility, adult: a day care for elderly and/or functionally impaired adults.

(2) Day-care home, family: a day care for eight or fewer individuals under seven years of age.

(3) Day-care center, group: a day care for nine or more individuals under seven years of age.

F. Eating and drinking places: an establishment that serves food or beverages for on- or off-premises consumption as its principal business.

(1) Supplemental use regulations: eating and drinking places subject to supplemental use regulations, as indicated in Table 7-1, are allowed only on the ground story and may occupy no more than 25% of the ground-story floor space.

(2) Restaurant: an establishment that serves food or beverages for on- or off-premises consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafes, cafeterias, ice cream/yogurt shops, donut shops and coffee shops.

(3) 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, tasting rooms and nightclubs. Also includes smoking lounges, hookah lounges, and similar establishments, whether conducted as a principal or accessory use.

G. 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 § 475-709.) Typical examples of financial service use types are financial institutions, convenient cash businesses and pawnshops:

(1) 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 case business or pawnshop.

(2) Convenient cash business: an individual or individuals, firm, partnership, association, corporation, limited liability company or any other business entity licensed pursuant to § 218.05 or 138.09, Wis. Stats., engaged in the payday loan business, title loan business, currency exchange business (also known as "check cashing"), or any other substantially similar business.

(a) A currency exchange business, in accordance with § 218.05, Wis. Stats., is any business except banks incorporated under the laws of this state and national banks organized pursuant to the laws of the United States and any credit union operating under Ch. 186, Wis. Stats., pursuant to a certificate of authority from the Wisconsin Commissioner of Credit Unions, engaged in the business of and providing facilities for cashing checks, drafts, money orders and all other evidences of money acceptable to such community currency exchange for a fee, service charge or other consideration. This term does not include any person engaged in the business of transporting for hire, bullion, currency, securities, negotiable or nonnegotiable documents, jewels or other property of great monetary value nor any person engaged in the business of selling tangible personal property at retail nor any person licensed to practice a profession or licensed to engage in any business in this state, who in the course of such business or profession and as an incident thereto, cashes checks, drafts, money orders or other evidence of money.

(b) A payday loan business is a business that provides unsecured loans with an initial term of 91 days or less in which the amount borrowed does not exceed $2,000 and is usually for a period from the time of the loan until the borrowers next payday for which the lender charges either fees or interest for the loan.

(c) A title loan business is any business providing loans to individuals in exchange for receiving title to the borrower's motor vehicle as collateral.

(3) Pawnshop: an entity engaged in whole or in part in the business of lending money on the security of pledged goods or in the business of purchasing tangible personal property on a condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers.

H. Funeral and mortuary service: uses that provide services related to the death of a human or companion animal, including funeral homes and mortuaries.

I. Lodging: uses that provide temporary overnight sleeping accommodations or lodging for guests paying a fee or other form of compensation for a period of less than 30 consecutive days. Lodging uses sometimes provide food or entertainment, primarily to registered guests. Lodging use types include: bed-and-breakfast inns, hotels and motels, short-term rentals and overnight shelters.

(1) Bed-and-breakfast inn: a lodging establishment in a detached house in which the resident owner/operator offers accommodations and meal service to overnight guests for compensation.

(2) Hotel: a lodging establishment other than a bed-and-breakfast inn or short-term rental. Guest rooms in hotels are accessed via internal corridors.

(3) Homeless shelter.

(a) A lodging use that provides temporary room and board for homeless individuals. Such uses may also provide counseling services.

(b) Supplemental use regulations. Homeless shelters are subject to the following supplemental use regulations:

[1] A property owner wishing to locate a homeless shelter on their property must notify the Village Administrator and also receive signed approval from the Building Inspector, Directed Enforcement Officer, and Fire Inspector prior to allowing occupancy of the shelter. The Village Administrator must notify the Village Board at the Board's next regularly scheduled or special called meeting.

[2] Homeless shelters may not operate for more than 14 days in a calendar year on a single property.

[3] Homeless shelters must comply with all applicable federal and state statutes and Village ordinances, including all applicable building and fire codes, all maximum occupancy restrictions, and all residential density restrictions for designated sex offenders.

[4] The property owner must be the applicant for a homeless shelter and must prepare and file, with the Planning and Zoning Administrator, the facility's management policies, including at least the following:

[a] Resident eligibility and identification process;

[b] Location of the habitable room on the property;

[c] Any on-site programming and activities offered;

[d] Timing and placement of outdoor activities;

[e] Any proposed outdoor lighting changes or outdoor lighting needs;

[f] Any additional anticipated traffic outside of normal daytime hours (7:00 a.m. through 10:00 p.m.);

[g] Standards governing expulsions;

[h] Hours of operation and standard lights-out;

[i] Policies regarding safety and security, including emergencies;

[j] Smoking policy, including identification of areas where smoking is to be permitted;

[k] Volunteer and donation procedures;

[l] Communications with the Village and the neighborhood;

[m] Estimated number of residents for each night;

[n] Number of staff or volunteers working at all times;

[o] Designated point of contact and contact information; and

[p] Dates of operation.

(4) 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.

J. Medical service: personal health services, including prevention, diagnosis and treatment services for humans, as provided by physicians, dentists, nurses and other health personnel. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, blood banks, kidney dialysis centers and the design, fabrication and assembly of optical, dental, orthopedic and cosmetic devices used for treatment of medical-related issues. Medical service uses are performed in an office setting with no overnight care. Ancillary sales of medical products is allowed in association with a medical service use.

K. Office: uses that focus on providing executive, management, administrative and professional services other than those included in the medical service use subcategory. Also includes broadcast and recording studios and 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.

L. Parking, nonaccessory.

(1) Parking that is not provided to comply with minimum off-street parking requirements 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.

(2) Supplemental use regulations. Nonaccessory parking uses requiring conditional use approval are subject to the following regulations:

(a) The nonaccessory parking may not be located on a corner parcel or on a lot abutting another nonaccessory parking lot; and

(b) The width of the nonaccessory parking facility may not exceed 80 feet along any primary street frontage.

M. 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) Convenience goods.

(a) 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) Supplemental use regulations. Retail sales of convenience goods subject to supplemental use regulations, as indicated in Table 7-1, is allowed only on the ground story and may occupy no more than 25% of the ground-story floor space.

(2) Consumer shopping goods.

(a) 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.

(b) Supplemental use regulations. Retail sales of consumer shopping goods subject to supplemental use regulations, as indicated in Table 7-1, is allowed only on the ground story and may occupy no more than 25% of the ground-story floor space.

(3) 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.

N. 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) Indoor: participant sports and recreation uses conducted entirely within buildings.

(2) Outdoor: participant sports and recreation uses conducted wholly or partially outside of buildings.

O. 

Vehicle sales and service.

(1) Fueling station.

(a) A use engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses.

(b) Supplemental use regulations. Fueling stations subject to supplemental use regulations, as indicated in Table 7-1, must comply with the following supplemental use regulations:

[1] Fueling pumps and car washes must be located in the rear or interior side yard and on the same parcel as the principal building.

[2] The roof and columns of any pump canopy must match the building materials used on the principal building. Column cladding must extend from ground to canopy roof.

[3] The maximum overall height of a pump canopy may not exceed 18 feet.

[4] The principal building must be located within the build-to zone and be located at the corner of any corner lot. The building must comply with all requirements of the building type, except that the minimum primary frontage coverage requirements and minimum height requirements do not apply.

[5] Vehicle entrance doors for service bays or car washes are prohibited on the primary street facade.

[6] In addition to the driveways permitted by the subject building type, one additional driveway is permitted, with a maximum width of 22 feet.

(2) Vehicle sales: uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pickup trucks, motorcycles and personal watercraft. Note: The sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles is regulated as trucking and transportation terminals.

(3) Vehicle rentals: uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pickup trucks, motorcycles and personal watercraft. Note: The rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles is regulated as trucking and transportation terminals.

(4) Vehicle maintenance and repair, minor: uses that repair, install or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Typical examples include oil-change shops, muffler shops, tire shops, and auto repair shops providing motor and mechanical repair services.

(5) Vehicle maintenance and repair, major: 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. Typical examples include body and paint shops.

§ 475-706 Industrial uses.

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.

A. Fabrication and production: uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers.

(1) Artisan.

(a) Uses involved in the creation of art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking/loading. Common examples include microbreweries, microdistilleries, upholsterers, glassblowers, and custom woodworking shops.

(b) Supplemental use regulations. Artisan fabrication and production facilities are subject to the following regulations:

[1] In X Districts, an on-site retail sales must be included.

[2] In X Districts, commercial truck parking/loading requires a conditional use permit per § 475-1105.

(2) Low-impact: uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, ice manufacturing, mattress manufacturing and assembly, breweries, distilleries, musical instrument manufacturing, newspaper printing and binderies.

(3) Greenhouse/nursery: a building used for propagation and growth of trees or plants for wholesale or retail sales and distribution. Does not include on-site retail sales unless such sales are otherwise allowed in the subject zoning district.

B. Storage, distribution and wholesaling: uses involved 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.

(1) Equipment and materials storage, outdoor: uses related to outdoor storage of equipment, products or materials, whether or not stored in containers.

(2) Self-service storage.

(a) 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 interior access to storage lockers or drive-up access from passenger vehicles.

(b) Supplemental use regulations. Self-service storage facilities requiring conditional use approval are subject to the following regulations:

[1] The buildings along the primary street must comply with applicable building type regulations.

[2] Metal warehouse buildings that do not meet building type regulations may be incorporated in the rear.

(3) Warehouse: uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods and that do not meet the definition of "self-service storage" use.

(4) Wholesale sales and distribution: uses 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.

§ 475-707 Agricultural uses.

The agricultural use category includes general farming and community garden uses.

A. Community garden.

(1) Defined: areas that are managed and maintained by a group of individuals to grow and harvest food crops or nonfood 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.

(2) Supplemental use regulations. Community gardens may be principal or accessory uses and are subject to the following supplemental use regulations:

(a) On-site sales of community garden food products is permitted as an accessory use.

(b) All equipment must be stored in a completely enclosed building.

(c) The community garden site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste from draining onto adjacent properties.

(d) On-site trash, recyclable and compost containers must be located and maintained as far as practicable from residential dwelling units located on other lots.

(e) The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed and, in any instance, no later than November 1 of each year.

(f) The perimeter of all community gardens must be fenced.

B. Animal agriculture: uses that involve the feeding, housing and care of farm animals for private or commercial purposes.

C. Crop agriculture: an area managed and maintained by an individual, group or business entity to grow and harvest food crops or nonfood 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.

§ 475-708 Other uses.

This category includes uses that do not fit the other use categories or that require distinction from other use classifications.

A. Drive-in and drive-through uses.

(1) 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 dropoff or pickup 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.

(2) 

Supplemental use regulations. Drive-in and drive-through facilities are subject to the following supplemental use regulations:

(a) The drive-through facility and vehicle stacking lanes must be located on the rear or on the interior side of the building and be sited so that they do not impede or disrupt on-site or off-site motorized or nonmotorized traffic movements.

(b) The menu board and speaker must be located in the rear or interior side yard.

(c) Where the rear of the lot abuts an NX District, the drive-through facility must be set back at least 70 feet from the rear lot line.

§ 475-709 Accessory uses.

A. Generally applicable regulations.

(1) Accessory uses allowed. Accessory uses are allowed only in connection with lawfully established principal uses.

(2) Allowed uses. Allowed accessory uses are limited to those expressly regulated in this section as well as those that, in the determination of the Planning and Zoning Administrator, satisfy all of the following criteria:

(a) They are customarily found in conjunction with the principal use of the subject property;

(b) They are subordinate and clearly incidental to the principal use of the property; and

(c) They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use.

(3) Time of construction and establishment. Accessory uses may be established only after the principal use of the property is in place.

(4) Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.

(5) Accessory buildings and structures.

(a) Accessory buildings and structures are subject to the same regulations that apply to principal uses and structures on the subject lot, unless otherwise expressly stated.

(b) Accessory buildings attached to the principal building by a breezeway, passageway or similar means are considered part of the primary structure and are subject to the lot and building regulations that apply to the principal building.

(c) Accessory buildings attached by structures less than 30 inches in height (e.g., patios, walks, decks without railing) are not considered part of the primary structure and are subject to accessory building and structure regulations.

(d) Accessory buildings must be separated by a minimum distance of 10 feet from the principal building on the lot, unless the accessory building is located entirely within the area in which the principal building is allowed to be located, in which case no separation is required. Structures less than 30 inches in height are not subject to building separation requirements.

B. Amateur radio service antennas.

(1) Amateur radio service antennas and supporting towers are expressly allowed as permitted accessory uses, provided that no such antenna, including any support upon which it is mounted may exceed a combined height of 70 feet.

(2) All amateur radio service antenna structures must be set back a distance of at least 1/2 the height of the tower structure from all property lines.

C. Electric vehicle charging stations.

(1) General.

(a) Private (restricted-access) electric vehicle (EV) charging stations are permitted as accessory uses in all zoning districts.

(b) Public EV charging stations are permitted as accessory uses to allowed nonresidential uses in all zoning districts.

(2) Parking.

(a) Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.

(b) Public electric vehicle charging stations must be reserved for parking and charging electric vehicles. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other vehicle.

(3) Equipment. Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.

(4) Posted information.

(a) Information must be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.

(b) Public electric vehicle charging stations must be posted with signs indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.

(5) Maintenance. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number or other contact information must be provided on the equipment for reporting when it is not functioning or other problems are encountered.

D. Firewood storage. (Reserved)

E. Garage sales. Notwithstanding any provision of this chapter to the contrary, garage, basement, yard or other similar sales may be conducted no more than four times each year or once per quarter, and each sale may last no more than 72 consecutive hours.

F. Geothermal energy systems.

(1) General. Geothermal energy systems are permitted as an accessory use in all zoning districts.

(2) Location.

(a) Geothermal energy systems must be located entirely within the lot lines of the subject property or within appropriate easements.

(b) No portion of a geothermal energy system may be located within a stream or stream buffer.

G. Home occupations.

(1) Purpose. The home occupation regulations of this section are intended to allow residents to engage in customary home-based work activities, while also helping to ensure that neighboring residents are not subjected to adverse operational and land use impacts (e.g., excessive noise or traffic or public safety hazards) that are not typical of residential neighborhoods.

(2) Type A and Type B home occupations. Two types of home occupations are defined and regulated under this section:

(a) Type A home occupations. Type A home occupations are those in which household residents use their home as a place of work, with no employees, customers or clients coming to the site.

(b) Type B home occupations. Type B home occupations are those in which household residents use their home as a place of work and either one nonresident employee or customers come to the site.

(3) Exemptions.

(a) Group living. Group living uses are not regulated as home occupations and are not subject to the home occupation regulations of this section. Group living is allowed as indicated in Table 7-1.

(b) Family day-care homes. Family day-care homes are not regulated as home occupations and are not subject to the home occupation regulations of this section. Family day-care homes are allowed only as indicated in Table 7-1.

(c) Bed-and-breakfast inn. Bed-and-breakfast inns are not permitted as home occupations and are not subject to the home occupation regulations of this section. Bed-and-breakfasts are allowed only as indicated in Table 7-1.

(d) Short-term rentals. Short-term rentals are not permitted as home occupations and are not subject to the home occupation regulations of this section. Short-term rentals are allowed only as indicated in Table 7-1.

(4) Prohibited home occupations. The following uses are expressly prohibited as home occupations:

(a) Any type of sales, assembly, cleaning, maintenance or repair of motorized or nonmotorized vehicles;

(b) Any type of sales, assembly, cleaning, maintenance or repair of recreational equipment with internal combustion engines or electric motors or of large appliances (such as washing machines, clothes dryers or refrigerators);

(c) Dispatch centers or other businesses where employees come to the site and are dispatched to other locations;

(d) Equipment storage or rental businesses;

(e) Tow truck services;

(f) Eating or drinking places;

(g) Firearms or ammunition manufacturing or sales;

(h) Funeral or interment services;

(i) Animal care, grooming or boarding businesses;

(j) Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building;

(k) Any home-based instruction, teaching or tutoring activity of more than four students at one time or any other activity generating more than one customer visit per hour; and

(l) Any other activity that jeopardizes the health and safety of Village residents.

(5) Where allowed.

(a) Type A home occupations are permitted as of right as an accessory use to a principal use in the household living use category. Type A home occupations are subject to the general regulations of Subsection G(6) and all other applicable regulations of this section. More than one Type A home occupation is allowed as an accessory use, but the general regulations of Subsection G(6) apply to the combined home occupation uses.

(b) Type B home occupations may be approved as an accessory use to a principal use in the household living use category only as expressly stated in Subsection G(7). Type B home occupations are subject to the general regulations of paragraph Subsection G(6), the supplemental regulations of Subsection G(7) and all other applicable regulations of this section. Multiple Type B home occupations are prohibited as an accessory use to a household living use, and a Type A home occupation may not be conducted with a Type B home occupation.

(6) General regulations. All Type A and Type B home occupations are subject to the following general regulations:

(a) Home occupations must be accessory and secondary to the use of a dwelling unit for residential purposes. They may not change the character of the residential building they occupy or adversely affect the character of the surrounding neighborhood. Home occupations may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts to that are not typical of a residential neighborhood in Allouez. Home occupations must be operated so as not to create or cause a nuisance.

(b) Any tools or equipment used as part of a home occupation must be operated in a manner or sound-proofed so as not to be audible beyond the lot lines of the subject property.

(c) External structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.

(d) Home occupations and all related activities, including storage (other than the lawful parking or storage of vehicles), must be conducted entirely within the principal building.

(e) The area devoted to the conduct of all home occupations present on the property is limited to 25% of the dwelling unit's floor area.

(f) No window display or other public display of any material or merchandise is allowed.

(g) The use or storage of hazardous substances is prohibited, except at the "consumer commodity" level, as that term is defined in 49 CFR 171.8.

(h) Only passenger automobiles, passenger vans and passenger trucks may be used in the conduct of a home occupation. No other types of vehicles may be parked or stored on the premises. This provision is not intended to prohibit deliveries and pickups by common carrier delivery vehicles (e.g., postal service, United Parcel Service, FedEx, et al.) of the type typically used in residential neighborhoods.

(7) Supplemental regulations for Type B home occupations.

(a) Type B home occupations are allowed only if reviewed and approved in accordance with the conditional use procedures of § 475-1105, provided that instruction, teaching or tutoring of no more than four students at one time is permitted as of right.

(b) One nonresident employee is allowed with a Type B home occupation if no customers come to the site at any time. Home occupations that have clients, customers or students coming to the site at any time may not have nonresident employees. For the purpose of this provision, the term "nonresident employee" includes an employee, business partner, co-owner or any other person affiliated with the home occupation who does not live at the site, but who visits the site as part of the home occupation.

H. Mobile storage units. Temporary mobile storage units and construction dumpsters are permitted as a temporary accessory use, subject to issuance of a permit from the Village and compliance with the following supplemental regulations:

(1) Temporary mobile storage units and construction dumpsters are permitted for a period not to exceed a total of 30 days within any calendar year unless a valid building or construction permit is in place for the subject property, in which case the temporary mobile storage unit or dumpster may remain in place for a maximum of 90 days or until the permit expires, whichever occurs first. If a principal building on the subject lot has been damaged by natural disaster act of God, the Planning and Zoning Administrator is authorized to grant time extensions of otherwise applicable time limits.

(2) No more than one temporary mobile storage unit or construction dumpster may be located on any R-zoned lot. A maximum combined total of three temporary mobile storage units or construction dumpsters may be located on other (non-R-zoned) lots.

(3) Temporary mobile storage units or construction dumpsters in R Districts may not exceed 16 feet in length, eight feet in width, and 8.5 feet in height. Temporary mobile storage units or construction dumpsters in non-R Districts may not exceed 20 feet in length, eight feet in width, and 8.5 feet in height.

(4) All temporary mobile storage units and construction dumpsters must be set back at least five feet from all property lines.

(5) Temporary mobile storage units and construction dumpsters must be placed on an existing all-weather surface unless no such surface exists on the subject lot. Storage units and dumpsters are prohibited within landscape areas, open spaces, stormwater basins, or any other location that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses and development.

(6) No materials may be stacked or stored on the exterior of the mobile storage unit or construction dumpster.

(7) Shipping containers may be not used as mobile storage units, dumpsters, or principal or accessory structures in R Districts.

I. Residential composting.

(1) The composting of landscape waste (including grass clippings, leaves, and chipped brush) and food waste (including discarded fruits, vegetables, and grains) is an allowed accessory use in residential zoning districts, subject to the regulations of this section.

(2) Only landscape waste generated from plants grown and maintained on the subject lot may be composted. This provision is not intended to prohibit property owners from adding outside materials or ingredients to speed or enhance decomposition.

(3) Only food waste resulting from food preparation or consumption by residents of the subject lot and their visitors may be composted. This provision is not intended to prohibit property owners from adding outside materials or ingredients to speed or enhance decomposition. Meat products are prohibited in residential compost bins.

(4) All food waste must be placed within rodent-resistant compost bins, which are prohibited in front and street side yards and must be set back at least 10 feet from all lot lines.

(5) Landscape waste compost piles may not exceed 125 cubic feet in volume, and may not exceed five feet in height.

(6) Landscape waste compost piles must be set back at least 10 feet from all lot lines. Landscape waste compost piles that are not contained within a rodent-resistant compost bin must be set back at least 30 feet from all dwelling units on abutting lots.

(7) Only animal waste from herbivores is allowed within compost piles or bins.

(8) Burning of compost piles is not allowed.

J. Satellite dish antennas.

(1) Applicability. Satellite dish antennas are subject to compliance with the regulations of this section.

(2) Location.

(a) In R Districts, satellite dish antennas must be located in the rear yard or on the rear of the principal building. If usable communication signals cannot be obtained from the rear location, the satellite dish antenna may be located in the side yard or on the side of the principal building. If usable satellite television communication signals cannot be received by locating the antenna to the rear or side of the principal building, the antenna may be placed in the front yard or on the front-facing roof of the principal building, provided that a) the dish diameter does not exceed 18 inches and b) the Planning and Zoning Administrator's approval is obtained prior to such installation. The Planning and Zoning Administrator is authorized to approve a front yard location only upon a showing by the applicant that usable communication signals are not receivable from any location on the property other than the location selected by the applicant.

(b) In all districts other than R Districts, satellite dish antennas may be located anywhere upon a building or within the buildable area of the lot, subject to applicable zoning district setback regulations.

(3) Other regulations.

(a) In all R Districts, satellite dish antennas may not exceed 36 inches in diameter.

(b) A ground-mounted satellite dish antenna may not exceed 20 feet in height, including any platform or structure upon which the antenna is mounted or affixed.

(c) Roof-mounted satellite dish antenna may not exceed the height of the elevation of the ridgeline of the principal structure.

(d) If usable satellite signals cannot be obtained from an antenna installed in compliance with the height limitations imposed by this section, such satellite dish antennas may be installed at a greater height, provided that the height is approved by the Planning and Zoning Administrator. The Planning and Zoning Administrator is authorized to approve a greater height upon a showing by the applicant that installation at a greater height is necessary for the reception of usable communication signals.

(e) All satellite dish antennas must comply with all manufacturers' specifications, be located on noncombustible and corrosion-resistant material, and be erected in a secure, wind-resistant manner.

K. Secondary suites.

(1) Description. Secondary suites are accessory dwelling units contained wholly within the principal dwelling unit on the property (i.e., detached house) and shall comply with all requirements of the Wisconsin Uniform Dwelling Code.

(2) Applicability. All secondary suites are subject to compliance with the regulations of this section.

(3) Where allowed. Secondary suites are permitted by right on lots occupied by a detached house and require a conditional use permit per § 475-1105.

(4) Creation. Secondary suites may be created by:

(a) Converting existing floor area within the interior of a detached house (e.g., attic or basement) to a secondary suite;

(b) Adding floor area to an existing detached house to accommodate a secondary suite; or

(c) Constructing a new detached house that includes a secondary suite within the principal building.

(5) Zoning district regulations. Secondary suites are subject to all applicable regulations of the zoning district in which they are located, unless otherwise expressly stated in this chapter.

(6) Number. No more than one secondary suite is permitted on a single lot. Secondary suites are prohibited on lots occupied by a backyard cottage. (See § 475-205.)

(7) Size. The floor area of a secondary suite may not exceed 25% of the floor area of the principal dwelling unit (excluding any attached garage).

(8) Parking. No additional parking is required for a secondary suite. Any provided parking is subject to the same regulations that apply to the principal dwelling unit.

(9) Location of entrances. Only one entrance to a detached house containing a secondary suite may be located on a facade that faces a street, unless the detached house had an additional street-facing entrance before the secondary suite was created.

(10) Owner occupancy and rental. At least one of the dwelling units on a lot occupied by a secondary suite must be occupied by an owner with at least a 50% interest in the subject property. The owner must occupy either the principal dwelling unit or the secondary suite as their permanent residence for a majority of the time each calendar year.

(11) Deed restriction. Prior to issuance of a permit establishing a secondary suite, the owner of the subject property must file an affidavit with the Planning and Zoning Administrator and record a deed restriction stating that the owners of the subject property agree 1) to comply with the owner occupancy, rental and other applicable restrictions of this chapter; and 2) to notify all prospective purchasers of such requirements. The deed restriction runs with the land, is binding upon the property owner, their heirs and assigns, and upon any parties subsequently acquiring any right, title, or interest in the property. The affidavit and deed restriction must be in a form prescribed by the Planning and Zoning Administrator. Proof of deed restriction recording must be provided to the Planning and Zoning Administrator before any building permits are issued for the secondary suite.

L. Solar energy systems.

(1) General.

(a) Accessory solar energy systems must comply with all applicable building ordinance and electrical code requirements.

(b) Owners of accessory solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements must be recorded with the County Recorder of Deeds.

(2) Building-mounted solar energy systems.

(a) Building-mounted solar energy systems may be mounted on principal and accessory structures.

(b) All applicable setback regulations apply to building-mounted solar energy systems.

(c) Only building-integrated and/or flush-mounted solar energy system may be installed on street-facing building elevations.

(d) Solar energy systems may not extend more than three feet above the applicable maximum building height limit or more than four feet above the highest point of the roofline, whichever is less.

(3) Ground-mounted solar energy systems.

(a) In residential zoning districts, ground-mounted solar energy systems may not be located in a required street setback or street yard.

(b) Ground-mounted solar energy systems may be located within required interior side and rear setbacks.

(c) Ground-mounted solar energy systems are subject to applicable accessory structure height and lot coverage regulations.

§ 475-710 Tree houses and playhouses.

A. Applicability. The regulations of this section apply to all tree houses and playhouses.

B. Building permits.

(1) To ensure that a playhouse (accessory structure with ground supports) complies with applicable zoning and building requirements, a building permit is required when the structure:

(a) Has supports resting on or attached to the ground; or

(b) Is or will be supplied with electricity or water.

(2) A tree house (accessory structure supported solely and entirely by one or more trees) does not require a building permit unless it is to be supplied with electricity and/or water but is required to meet the zoning requirements described below.

C. Setbacks. Setback requirements vary by the size and shape of the lot, the zoning district, and whether it is a corner lot, interior lot, or double frontage lot. Tree houses and playhouses are prohibited in front, street side and interior side yards. Tree houses are allowed in rear yards.

D. Height. Tree houses and playhouses may not exceed 15 feet in height, as measured from grade immediately below the structure to the highest point of the roof (or exterior walls if there is no roof).

E. Impervious coverage. Playhouses are counted when determining compliance with applicable impervious coverage limits.

F. Building separation.

(1) Playhouses must be separated by a distance of at least 10 feet from the nearest wall of the principal building on the lot.

(2) Playhouses must be separated by a minimum distance of at least four feet from other roofed accessory structures, as measured from the exterior walls of each structure.

G. Maximum area of roofed accessory structure. Playhouses and tree houses may not exceed 150 square feet in floor area.