City of Edgerton, WI Article IV General Provisions

§ 450-30 Use restrictions.

The following use restrictions and regulations shall apply:

A. Land uses permitted by right. Land uses listed as permitted by right are permitted per the general land use requirements of this chapter; per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the Official Zoning Map; per the general requirements of this chapter including § 450-23; and per any and all other applicable City, county, state, and federal regulations.

B. Accessory uses. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. See § 450-33E.

C. Land uses permitted as a conditional use. This category of land uses is subject to certain additional controls than apply to land uses permitted by right, and require public hearing, approval by the Plan Commission, and issuance of a conditional use permit in accordance with § 450-16.

(1) Land uses listed as permitted as a conditional use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in § 450-33, Detailed land use descriptions and regulations, including any additional requirements imposed as part of the conditional use review process. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests.

(2) Conditional use requirements also apply to proposed uses permitted by right with additional special requirements when one of the special use requirements cannot be met. [See Subsection I(2) below.] No more than one special use requirement shall be waived in this manner.

D. Unclassified or unspecified uses. May be permitted by the City Plan Commission, provided such uses are similar in character to the principal uses permitted in the district.

E. Land uses permitted as a temporary use. Land uses listed as permitted as a temporary use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use specified in § 450-33. Land uses permitted as temporary uses are subject to the review and approval procedures outlined in § 450-18.

F. Performance standards. As listed in this chapter, shall be complied with by all uses in all districts.

G. Soil restrictions. Certain soil types in the City as shown on the operational soil survey maps prepared by the U.S. Department of Agriculture, Natural Resources Conservation Service, have severe or very severe limitations for on-site soil absorption sewage disposal facilities because of one or more of the following reasons: high or fluctuating water table, flooding, groundwater contamination, silting, slow permeability, steep slopes, or proximity to bedrock. The Rock County Standard Soils Survey prepared by the U.S. Natural Resources Conservation Service is adopted by reference as a determining factor in land use decisions. When a question arises as to the accuracy of a soil mapping unit, an intensive soil survey of the site in question shall be requested from the Rock County Sanitarian and/or a soil scientist from the Natural Resources Conservation Service by either the City or the applicant.

H. Storage container restrictions. All storage containers, PODS^®, trucks, travel trailers, mobile homes, and vehicles intended for over the road hauling, which are either on or off of the frame, shall not be permitted in any district unless the container is less than 25 square feet and less than 150 cubic feet and is used for private, noncommercial storage. Said vehicles or containers shall not be used for or converted for office, mercantile, residential, or storage purposes, except as provided in the Mobile Home Park District. All storage containers, PODS^®, truck, travel trailers, mobile homes, and vehicles intended for over the road hauling may be permitted as a temporary land use in accordance with § 450-33F.

I. Land uses permitted by right with additional special requirements. This category of land use is subject to certain additional controls than apply to land uses permitted by right, while avoiding the public hearing process required of land uses permitted as conditional uses. Land uses permitted by right with additional special requirements are subject to the procedures outlined in § 450-17.

(1) Land uses listed as permitted by right with additional special requirements are permitted subject to all of the general zoning requirements applicable to land uses permitted by right (Subsection A above), plus certain additional special use requirements applicable to that particular land use specified in § 450-33.

(2) If a proposed land use listed as a permitted by right with additional special requirements cannot meet one of the special use requirements of § 450-33 for reasons directly related to the nature of the subject property, the petitioner of said land use may request Plan Commission review for approval as a conditional use, per the requirements of § 450-16. No more than one special use requirement shall be waived in this manner for any given land use or property. See Subsection C(2) above.

§ 450-31 General district regulations.

The following regulations set forth requirements that usually do not apply uniformly throughout the City, but rather cover things that are applicable to one or more districts.

A. Erection of more than one principal structure on a lot. Except in the case of a planned unit development or a group development, not more than one principal detached residential building shall be located on a lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building. When more than one principal structure is allowed on a lot it shall require a conditional use permit.

[Amended by Ord. No. 95-27]

B. Exceptions to height regulations. The height limitations contained in the requirements for permitted and conditional uses do not apply to spires, belfries, cupolas, antennas, water tanks, fire towers, windmills, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

C. Structures to have access. Every residential building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

D. Parking and storage of certain vehicles. Passenger vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings. (See also § 288-7.)

E. Setback exceptions. A setback less than the setback required by this chapter may be permitted by the Plan Commission without a variance when more than 50% of the principal structures within 250 feet of the proposed structure are built to less than the required setback. The 250 feet includes only those structures that are in the same street corridor and on the same side of the street as the proposed structure. Only buildings that are of the same type of principal structure as the proposed structure shall be counted. (If a residential building is proposed, any commercial structures within the 250 feet shall not be counted in determining the setback of the proposed structure.) The minimum setback of the proposed structure shall be the average setback of those existing structures that are the same type of principal structure; that are on the same side of the street; and that are within the 250 feet of the proposed structure.

F. Loading and unloading space. Sufficient space for loading or unloading of vehicles shall be provided off the street so that the street shall at all times be free and unobstructed to the passage of traffic in accordance with § 450-38.

G. Vacation of street and alley. Vacation of public streets, alleys and rights-of-way shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

H. Utility lines. Utility lines which will serve individual lots to include electric lines under 12,000 volts, cable TV, telephone, natural gas, etc., shall be installed underground within the utility easements shown on the map required by the building permit.

I. Overhead utility lines. No overhead power, telephone or telegraph lines shall be erected within one-half mile of any boundary of the site of any airport, landing field, or landing and takeoff strip.

J. Soil designations. Soil designations used in this chapter are from the Soil Survey for Rock County, Wisconsin, by the U.S. Department of Agriculture, Natural Resources Conservation Service.

K. Intrusions into required yards. The minimum setback requirements of this chapter establish the minimum required yards for all uses, except those exempted by the provisions of this section.

(1) No yard shall be reduced in area or dimension so as to make such yard less than the minimum required by this chapter. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this section.

(2) No required yard or lot area allocated to satisfy the minimum yard or lot area requirements for one building or structure shall be used to satisfy the minimum yard or lot area requirement for another building or structure.

(3) In instances where the required bufferyard width (per § 450-76) exceeds the minimum required setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure beyond the required fence or berm are permitted within the required bufferyard.

(4) Permitted intrusions into required yards. The following intrusions by buildings and structures are permitted into the specified required yards.

(a) Permitted intrusions into required front or street yards:

[1] Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, bay windows, and gutters for residential buildings, provided they do not extend more than 2.5 feet into the required yard.

[2] Yard lights, ornamental lights, and nameplate signs for residential lots, provided that they comply with the illumination requirements of § 450-40 and provided they do not locate closer than five feet from the front or street property line.

[3] Terraces, sidewalks, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend above the floor level of the adjacent building entrance, provided they do not intrude more than six feet into any required street yard and front yard, except sidewalks connecting to a public sidewalk may extend to the public sidewalk.

[4] Fences on residential or nonresidential lots which do not exceed four feet in height, provided they do not locate closer than one foot to any street right-of-way. Permitted fence types shall comply with the provisions of § 450-53C.

[5] Landscape ponds that are less than 1.5 feet deep and less than 15 feet in any dimension, provided that it is located at least 10 feet from a front or street yard property line.

(b) Permitted intrusions into required side yards:

[1] Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, bay windows, and gutters for residential buildings, provided they do not extend more than 2.5 feet into the required yard.

[2] Fences may locate on the property line. Permitted fence types shall comply with the provisions of § 450-53.

[3] Fire escapes (on residential buildings) which do not extend more than four feet into the required yard.

[4] Terraces, sidewalks, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend above the floor level of the adjacent building entrance, provided they do not intrude more than four feet from any side lot line.

[5] Hot tub not located within a structure, provided it is located at least five feet from the side lot line.

[6] Playground structures that are not readily movable, provided they are located at least five feet from the side lot line.

(c) Permitted intrusions into required rear yards.

[1] Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, bay windows, and gutters for residential buildings, provided they do not extend more than 2.5 feet into the required yard.

[2] Fences may locate on the property line. Permitted fence types shall comply with the provisions of § 450-53.

[3] Fire escapes (on residential buildings) which do not extend more than four feet into the required yard.

[4] Terraces, sidewalks, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings which do not extend above the floor level of the adjacent building entrance, provided they do not intrude more than six feet into any required rear yard.

[5] Balconies or similar appurtenances to residential buildings which extend more than three feet above grade, provided they do not extend more than six feet into the required rear yard.

[6] Landscape ponds and swimming pools, provided they are located at least 10 feet from the rear property line and comply with § 450-56.

[7] Hot tub not located within a structure, provided it is located at least five feet from the rear lot line.

[8] Playground structures that are not readily movable, provided they are located at least five feet from the rear lot line.

(5) All front yard and street yard areas. With the exception of fences, no accessory structures shall be permitted within any portion of a front yard or street yard.

L. Pool location. See § 450-56.

[Amended by Ord. No. 17-06]

M. Exceptions to setbacks for gore-shaped lots. If a side lot line of a gore-shaped lot is less than 80 feet, the corner of the structure closest to that side lot line may intrude in the rear yard but not closer than 15 feet from the rear lot line.

[Added 5-18-2020 by Ord. No. 20-02]

§ 450-32 Nonconforming uses, structures, lots.

[Amended 5-18-2020 by Ord. No. 20-02]

Existing lawful nonconforming uses, structures, and lots shall meet the provisions of this section, and those located within floodplains, shorelands, and shoreland-wetlands shall also comply with the City floodplain, shoreland, and shoreland-wetland regulations, whichever is more restrictive.

A. Nonconforming use regulation.

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

NONCONFORMING USE

An active and actual use of land or structures, or both, legally established prior to the effective date of this chapter or subsequent applicable amendment thereto which has continued the same use to the present, and which would not be permitted under the current terms of this chapter.

(2) Continuance of a nonconforming use. Any nonconforming use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date, except as specified in this section.

(3) Modification of a nonconforming use. Only that portion of the structure, fixture, land, or water in actual use may be so continued and the nonconforming use may not be extended, enlarged, reconstructed, substituted, moved, or changed to another nonconforming use, unless such modification would make the nonconforming use have a more desirable effect in terms of implementing the purpose of this chapter (as determined by the Plan Commission). If such a modification occurs, said use shall not be modified back to the original nonconforming use, or to any other nonconforming use which does not better accomplish the purpose of this chapter.

(4) Discontinuance of a nonconforming use. When any nonconforming use of any structure or land is changed into a conforming use or is discontinued for a period of 12 months, any future use of said structure or land shall be in complete conformity with the provisions of this chapter.

(5) Maintenance of a nonconforming use. Total lifetime structural repairs or alternations to a structure, fixture, or premises containing a nonconforming use shall not exceed 50% of the equalized assessed value of the structure, fixture, or premises at the time its use becomes nonconforming unless it is permanently changed to a conforming use in accordance with the use provisions of this chapter. Ordinary maintenance repairs are not considered structural repairs, modifications, or additions. Some examples of such repairs include painting, calking, decorating, paneling, and other nonstructural components, and the repair or replacement of doors, windows, utilities, and sewage treatment and water supply systems. Figure No. 1 reflects the method by which the Zoning Administrator shall determine when modifications to nonconforming uses and their structures are equal to 50%.

(6) Destruction of a nonconforming use. A legal nonconforming use that is located in a structure or building which has been damaged by fire, flood, wind, explosion, earthquake, war, riot, unlawful act, or act of god may be reestablished if it is reestablished within one year after such calamity, unless the damage to said structure or building equals or exceeds 50% of its equalized assessed value. In such cases, the use shall be limited to uses permitted by the provisions of this chapter, unless the ability to reestablish a nonconforming use is specifically granted by the City Council following a public hearing. It should be noted that the reestablishing of a nonconforming use by the Council is only permitted under these circumstances.

(7) Substitution of new equipment. The Plan Commission may permit the addition of new equipment serving a nonconforming use if such equipment will reduce the incompatibility of the nonconforming use with neighboring uses.

B. Nonconforming structure with a conforming use.

(1) Definition. As used in this section, the following terms shall have the meanings indicated:

NONCONFORMING STRUCTURE

A dwelling, building, or other structure that existed lawfully at the time of the effective date of this chapter or an amendment thereto that does not conform to one or more of the development regulations of this chapter.

(2) A nonconforming structure with a conforming use lawfully existing at the time of the adoption or amendment of this chapter may be continued although the structure's size or location does not conform to the development regulations of this chapter.

(3) Nonconforming structures with a conforming use may be repaired, maintained, renovated, rebuilt, or remodeled, subject to building code and other applicable requirements. No prohibition or limits based on cost may be imposed on the repair, maintenance, renovation, or remodeling of such structures.

(4) Nothing in this chapter shall preclude the Building Inspector from remedial or enforcement actions when said structure or building is declared unsafe.

(5) When any lawful nonconforming structure or building in any district is modified so as to be in conformance with the provisions of this chapter, any future modification of said structure or building shall be in conformance with the provisions of this chapter.

(6) If a lawful nonconforming structure or building housing a conforming use has been damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity, it may be restored or replaced to the size, location, and use that it had immediately before the damage or destruction occurred, subject to building code and other applicable requirements. No limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the structure may be larger than the size immediately before the damage or destruction occurred, if necessary, for the structure to comply with applicable state or federal requirements. Any reconstruction shall conform to the development regulations of this chapter, to the extent practicable, and shall commence within 24 months of the date of damage or destruction, unless an extension is granted by the Plan Commission.

(7) Alterations, additions, and enlargements to existing nonconforming structures with a conforming use are permitted and shall conform to the established yard/setback, height, parking, loading, intensity requirements, other development regulations, and access provisions of this chapter. Existing buildings and their additions shall not be permitted to encroach further upon established yard/setback and height requirements than the existing encroachment.

(8) Existing nonconforming structures may be moved and shall conform to the established yard/setback, height, parking, loading, and access provisions of this chapter.

(9) Any structure or building for which a building permit has been lawfully granted prior to the effective date of this chapter, which will become nonconforming under the provisions of this chapter or amendments thereto, may be completed in accordance with the approved plans, provided construction is started within 730 calendar days of the effective date of this chapter, and provided that construction is completed within 730 calendar days of the effective date of this chapter or amendments thereto. Said structure or building shall thereafter be a legal nonconforming structure or building.

(10) Shoreland-wetland nonconforming structures. The repair, reconstruction, renovation, remodeling, restoration, or expansion of a legal nonconforming structure, or any environmental control facility related to such structure located in shoreland-wetlands of five acres or more in size and in existence at the time of adoption or subsequent amendment of this chapter may be permitted in accordance with the provisions of § 62.231(5) and (5m), Wis. Stats.

(11) Floodplain nonconforming uses and structures. Modifications or additions to nonconforming uses and structures in floodplains shall comply with the nonconforming regulations in Chapter 405, Floodplain Zoning, of the City of Edgerton Code.

C. Vacant nonconforming lot regulations.

(1) Upon and after the effective date of this chapter, no lot shall be created which does not meet the minimum lot area (MLA) requirements or which does not meet the lot dimension requirements of Article VIII of this chapter.

(2) A lot of record existing upon the effective date of this chapter which does not meet the minimum lot area (MLA) requirements but complies with all other bulk requirements may be developed in accordance with § 450-32C.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(3) A lot of record existing upon the effective date of this chapter which does not meet the lot width or frontage requirements of Article VIII of this chapter may be developed with a use that is allowed in the zoning district in which it is located, provided the measurements of such area and dimensions are equal to or greater than 70% of the requirements of this chapter. Lots with smaller dimensions for width and frontage than mentioned above shall not be developed unless a conditional use is granted by the Plan Commission. Development of vacant nonconforming lots granted permits under this section shall be required to meet the yard/setback, height, parking, loading, access provisions, and other development regulations, except lot width and frontage requirements unless otherwise specified, of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(4) In accordance with § 66.10015(2)(e), Wis. Stats., a property owner of a legal nonconforming (substandard) lot may:

(a) Convey an ownership interest in a substandard lot.

(b) Use the substandard lot as a building site if all of the following apply:

[1] The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.

[2] The substandard lot or parcel is developed to comply with all other requirements of this chapter, except the minimum lot area requirement unless otherwise specified.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(5) In accordance with § 66.10015(4), Wis. Stats., the City may not require one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.

D. Conforming structures on nonconforming lots.

(1) The conforming use of a conforming structure existing at the time of the adoption or amendment of this chapter may be continued although the lot area and/or width do not conform to the requirements of this chapter.

(2) Additions and enlargements to such structures are permitted, provided they conform to the established yard/setback, height, parking, loading, access provisions, and other development regulations of this chapter, other than minimum lot dimensional requirements.

(3) Existing structures on nonconforming lots that are damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity may be reconstructed, provided they conform to the established yard/setback, height, parking, loading, access provisions, and other development regulations of this chapter, other than minimum lot dimensional requirements.

§ 450-33 Detailed land use descriptions and regulations.

The land use categories employed by this chapter are defined in this section. Land uses that are not listed in this section are not necessarily excluded from locating within any given zoning district. Section 450-12 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals not addressed by this chapter.

A. Residential land uses.

(1) Institutional residential development. Description: this land use is a form of residential development designed to accommodate institutional residential land uses, such as retirement homes, nursing homes, convents, dormitories, community-based residential facilities (CBRF), and adult day care facilities [see § 450-33C(6)]. No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's gross site area (GSA) shall be held as permanently protected green space.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-2, B-3, B-4, HMU, O-1.

[1] The proposed site shall be located so as to avoid disruption of an established or developing office area. Institutional residential developments shall be designed so as to maintain the character of the adjacent properties.

[2] Shall be located with primary vehicular access on a collector or arterial street.

[3] No access shall be permitted to a local residential street.

[4] Applicant shall provide off-street passenger loading area at a minimum of one location within the development.

[5] All structures shall be located a minimum of 50 feet from any residentially zoned property which does not contain an institutional residential land use.

[6] Shall comply with standards and procedures applicable to all conditional uses in § 450-16.

(d) Parking requirements: see § 450-33C(6).

(2) Conventional residential development. Description: this land use includes, but is not limited to, all residential developments that do not provide permanently protected green space areas. Property which is under common ownership of a property owners' association is permitted but is not a required component of this type of development. Up to 10% of a conventional residential development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas) without a reduction in maximum gross density (MGD).

(a) Single-family detached (site-built). Description: a dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached, single-family residence which is located on an individual lot or within a group development. The dwelling unit must be a site built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC). A permanent, continuous UDC foundation is required. This dwelling unit type may not be split into two or more residences.

[1] Permitted by right: R-1, R-2, R-3, R-4, A-1 > 35 acres.

[2] Permitted by right with additional special requirements: A-1 < 35 acres.

[a] Shall comply with § 450-17, standards and procedures applicable to all uses permitted by right with special requirements.

[3] Conditional use regulations: N/A.

[4] Minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces: two per dwelling unit.

(b) Duplex. Description: these dwelling unit types consist of a single-family dwelling which is attached on one side to another single-family residence. A minimum building code required fire rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, common wall construction must meet all building code standards for twin house construction and individual sanitary sewer and public water laterals are required between each dwelling unit. The two residences shall be located on the same lot, and in fact, the twin house is distinguished from the duplex house merely by having each unit located on an individual lot. These dwelling unit types may not be split into additional residences.

[1] Permitted by right: R-3, R-4.

[2] Permitted by right with additional special requirements: N/A.

[3] Conditional use regulations: R-2.

[a] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

[4] Minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): two per dwelling unit.

(c) Twin house. Description: these dwelling unit types consist of a single-family dwelling which is attached on one side to another single-family residence. A minimum building code required fire rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals, are required between each dwelling unit. The two residences shall be located on individual lots, and in fact, the twin house is distinguished from the duplex house merely by having each unit located on an individual lot. These dwelling unit types may not be split into additional residences.

[1] Permitted by right: R-3, R-4.

[2] Permitted by right with additional special requirements: N/A.

[3] Conditional use regulations: R-2.

[a] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

[4] Minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): two per dwelling unit.

(d) Two-flat house. Description: this dwelling unit type consists of a two-family residence, which is in complete compliance with the State of Wisconsin One- and Two-Family Dwelling Code (§§ 101.60 through 101.66, Wis. Stats.), which has individual dwelling units on multiple levels (rather than side-by-side as for a duplex or twin-house). This dwelling unit type also includes any single-family residence that has been converted into a two-family residence. The two residences are both located on the same lot or within the same group development. This dwelling unit type may not be split into additional residences. Where permitted, this use is a conditional use and must be approved through the procedures of § 450-16.

[1] Permitted by right: N/A.

[2] Permitted by right with additional special requirements: N/A.

[3] Conditional use regulations: R-2, R-3, R-4.

[a] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

[4] Minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): two per dwelling unit.

(e) Townhouse. Description: this dwelling unit type consists of attached, two-story, single-family residences, each having a private, individual access. This dwelling unit type is located on its own lot or within a group development and may not be split into additional residences. A minimum building code required fire rated wall assembly division, separating living areas from the lowest level through the roof, and individual sanitary sewer and public water laterals, are required between each dwelling unit. No more than eight and no less than three townhouse dwelling units may be attached per group.

[1] Permitted by right: R-4.

[a] Up to four attached dwelling units.

[2] Permitted by right with additional special requirements: N/A.

[3] Conditional use regulations: R-3, R-4, HMU, O-1, B-2.

[a] Up to four attached dwelling units in R-3.

[b] Five to eight attached dwelling units in R-4.

[c] Cannot be located on the first floor for buildings having a setback of less than 10 feet from any street.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[d] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

[4] Minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): two per dwelling unit.

(f) Multiplex. Description: this dwelling unit type consists of an attached, multifamily residence which has a private, individual exterior entrance. A minimum building code required fire rated wall assembly division, separating living areas from the lowest level through the roof, is required between each dwelling unit. No more than six and no less than three multiplex dwelling units may be attached per group.

[1] Permitted by right: R-4.

[a] Up to four attached dwelling units.

[2] Permitted by right with additional special requirements: N/A.

[3] Conditional use regulations: R-3, R-4, HMU, O-1, B-2.

[a] Up to four attached dwelling units in R-3.

[b] Five to six units attached dwelling units in R-4.

[c] Cannot be located on the first floor for buildings having a setback of less than 10 feet from any street.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[d] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

[4] Minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): two per dwelling unit.

(g) Apartment. Description: this dwelling unit type consists of an attached, multifamily residence which takes access from a shared entrance or hallway. A minimum building code required fire rated wall assembly division, separating living areas from the lowest level to the underside of the roof, is required between each dwelling unit. No more than 17 dwelling units, and no less than three may be located in a building. (Buildings with more than 17 dwelling units may be considered as part of a planned unit development.) As part of the conditional use requirements for group developments, any development comprised of one or more buildings which contain four or more dwelling units shall provide additional site design features which may include underground parking, architectural elements, greater setbacks at the boundary of the development, landscaping, and/or on-site recreational facilities.

[1] Permitted by right: R-4.

[a] Up to four dwelling units per building.

[2] Permitted by right with additional special requirements: N/A.

[3] Conditional use regulations: R-3, R-4, HMU, O-1, B-2.

[a] Up to four dwelling units per building in R-3.

[b] Five to 17 units per building in R-4.

[c] Cannot be located on the first floor for buildings having a setback of less than 10 feet from any street.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[d] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

[4] Minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): two per dwelling unit.

(h) Mobile home. A transportable factory built structure as is defined in § 101.91(10), Wis. Stats., designed for long-term occupancy built prior to June 15, 1976, the effective date of the Federal Manufactured Housing Construction and Safety Standards Act. A structure manufactured after June 15, 1976, which is certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426 but is not set on an enclosed foundation shall be deemed to be a mobile home under this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[1] Permitted by right: N/A.

[2] Permitted by right with additional special requirements: R-3 within a mobile home park or subdivision.

[a] This dwelling unit type may not be split into two or more residences.

[b] Within 30 days of occupancy, the owner shall remove the axle and install skirting per the requirements of the Plan Commission.

[3] Conditional use regulations: N/A.

[4] Minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): two per dwelling unit.

(i) Manufactured home. A single-family dwelling structure or component thereof as is defined in § 101.91(2), Wis. Stats., fabricated in an off-site manufacturing facility for installation or assembly at the building site on an enclosed, continuous, dustfree crawlspace or basement bearing a HUD label or insignia certifying that it is built in compliance with the Federal Manufactured Housing Construction Standards under 42. U.S.C. §§ 5401 to 5426. A structure manufactured after June 15, 1976, which is certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426 but is not set on an enclosed continuous, dust-free crawl space or basement shall be deemed to be a mobile home under this chapter.

[1] Permitted by right: R-1, R-2, R-3, R-4.

[2] Permitted by right with additional special requirements: N/A.

[3] Conditional use regulations: N/A.

[4] Minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): two per dwelling unit.

(j) Manufactured dwelling (modular). A dwelling structure or component thereof as is defined in the Wis. Stats., § 101.71(6), which bears the Wisconsin Uniform Dwelling Code insignia certifying that it has been inspected and found to be in compliance with Subchapter V of said Uniform Dwelling Code and is set on an enclosed, continuous, dust-free crawl space or basement.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[1] Permitted by right: R-1, R-2, R-3, R-4.

[2] Permitted by right with additional special requirements: N/A.

[3] Conditional use regulations: N/A.

[4] Minimum number of off-street parking spaces required on the lot (includes garage, drives and all designated parking surfaces): two per dwelling unit.

(3) Mobile home subdivision residential development. Description: this land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in § 450-33A(2)(h) of this chapter. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD).

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: R-3.

[1] The minimum size of the mobile home development shall be five acres;

[2] The minimum lot size shall comply with the minimum dimensional requirements for single-family detached (site-built) lots within the zoning district;

[3] The mobile home development shall be located so as to blend with adjacent residentially zoned areas;

[4] No direct access from the development shall be made available to local residential streets developed with conventional one-family or two-family housing;

[5] A thirty-foot-wide landscaped buffer which provides continuous year-round screening to a minimum height of eight feet shall be required along all property lines abutting residentially zoned property, and may be required around the entire perimeter of the subject property;

[6] A community room shall be provided within the development which must provide an emergency public shelter with capacity designed to serve the residents of the development at an assumed population of 2.5 residents per dwelling unit;

[7] Each dwelling unit shall provide two off-street parking spaces;

[8] Each dwelling unit shall have a garage, either attached or detached, if 60% of other dwellings within 500 feet have a garage;

[9] Each dwelling unit shall be placed on a continuous, dust-free crawl space or basement and secured with a tie-down technique approved by the Building Inspector. Residential masonry or residential siding materials shall be required for skirting around the entire perimeter of each unit;

[10] Each dwelling unit shall have a minimum width of 22 feet, exclusive of attached garage, carport or open deck, if 60% of the dwellings within 500 feet have a width of 22 feet.

[11] Minimum dwelling core dimensions for the zoning district shall not apply within this type of development, however, each dwelling unit shall have siding and roofing materials comparable with 60% of the dwellings within 500 feet of the dwelling in question.

(4) Mobile home park residential development. Description: this land use is a form of conventional residential development which is exclusively reserved for individually sold or rented air right pads containing mobile home units. Each of the pads and mobile home units must meet the requirements for mobile homes listed in § 450-33A(2)(h) of this chapter. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD).

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: R-3.

[1] The minimum size of the mobile home development shall be five acres;

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[2] The minimum air right pad size shall comply with the minimum dimensional requirements for single-family detached (site-built) lots within the zoning district;

[3] The mobile home development shall be located so as to blend with adjacent residentially zoned areas;

[4] No direct access from the development shall be made available to local residential streets developed with conventional one-family or two-family housing;

[5] A thirty-foot-wide landscaped buffer which provides continuous year-round screening to a minimum height of eight feet shall be required along all property lines abutting residentially zoned property, and may be required around the entire perimeter of the subject property;

[6] A community room shall be provided within the development which must provide an emergency public shelter with capacity designed to serve the residents of the development, at an assumed population of 2.5 residents per dwelling unit;

[7] Each dwelling unit shall provide two off-street parking spaces;

[8] Each dwelling unit shall have a garage, either attached or detached, if 60% of other dwellings within 500 feet have a garage;

[9] Each dwelling unit shall be placed on a continuous, dust-free crawl space or basement and secured with a tie-down technique approved by the Building Inspector. Residential masonry or residential siding materials shall be required for skirting around the entire perimeter of each unit;

[10] Each dwelling unit shall have a minimum width of 22 feet, exclusive of attached garage, carport or open deck, if 60% of the dwellings within 500 feet have a width of 22 feet;

[11] Minimum dwelling core dimensions for the zoning district shall not apply within this type of development, however, each dwelling unit shall have siding and roofing materials comparable with 60% of the dwellings within 500 feet of the dwelling in question.

(5) Regulation of mobile home park or subdivision legally established before insert date, 2002.

(a) All such mobile home parks or subdivisions are considered a legal conforming land use.

(b) All such dwelling units within such parks are exempt from the requirements of § 450-33A(3) and (4).

(c) New or replacement dwelling units within such parks are also exempt from the same requirements.

(d) Legally established parks shall be made exempt from the lot size and public improvement requirements of the MH District upon the granting of a conditional use permit per § 450-16 that approves a site plan per § 450-23 and conditions of operation for said mobile home park.

B. Agricultural land uses.

(1) Cultivation. Description: cultivation land uses include all operations primarily oriented to the on-site, outdoor raising of plants. This land use includes trees that are raised as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals that are located off site.

(a) Permitted by right: A-1.

(b) Permitted by right with additional special requirements: all districts except A-1.

[1] Minimum lot size of one acre.

[2] Cultivation areas shall not be located within the required front yard or street yard of any platted or developed lot.

[3] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: all districts except A-1.

[1] Lots of less than one acre in size.

[2] Cultivation areas shall not be located within the required front yard or street yard of any platted or developed lot.

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per employee on the largest work shift. [NOTE: agricultural land uses are hereby made exempt from the surfacing requirements of § 450-37F(1).]

(2) Selective cutting. Description: selective cutting land uses include any operation associated with the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 40% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads that are designated on recorded plats or certified survey maps. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear-cutting [see Subsection B(3) below].

(a) Permitted by right: all districts.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: N/A.

(3) Clear-cutting. Description: clear-cutting land uses include the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 40% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear-cutting is permitted only as a conditional use within the jurisdiction of this chapter. Areas which have been clear-cut as a result of intentional action following the effective date of this chapter without the granting of a conditional use permit are in violation of this chapter, and the property owner shall be fined for such violation (in accordance with the provisions of § 450-25) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been clear-cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this chapter, but shall require the satisfaction of mitigation requirements at the owner's expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements. (See § 450-75.)

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: all districts.

[1] Applicant shall demonstrate that clear-cutting will improve the level of environmental protection on the subject property.

[2] Areas of the subject property which are clear-cut beyond the limitations established above shall require the replanting of trees in other portions of the subject property, thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant.

[3] Clear-cutting shall not be permitted within a required bufferyard or landscaped area (see § 450-76), or within an area designated as permanently protected green space (see Article VII).

[4] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(4) Agricultural service. Description: agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities [except commercial composting uses, see § 450-33G(6)].

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: A-1, M-3.

[1] Shall not be located in, or adjacent to, an existing or platted residential subdivision.

[2] All buildings, structures, outdoor storage areas, and outdoor animal containments shall be located a minimum of 100 feet from all lot lines.

[3] If within the A-1 District, shall be located in an area that is planned to remain commercially viable for agricultural land uses.

[4] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per employee on the largest work shift.

(5) Husbandry. Description: husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (as defined in § 450-10) per acre. Apiaries are considered husbandry land uses. Husbandry activities that are not the principal use of the property are regulated as accessory uses in § 450-33E(26).

[Amended 2-15-2021 by Ord. No. 21-03]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: A-1.

[1] Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property, and 100 feet from all other lot lines.

[2] All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 10 feet from any residentially zoned property.

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per employee on the largest work shift.

(6) Intensive agriculture. Description: intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 450-10) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feedlots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: A-1.

[1] Shall not be located in, or adjacent to, an existing or platted residential subdivision.

[2] Shall be completely surrounded by a bufferyard with a minimum intensity of 1.00. (See § 450-76.)

[3] All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 300 feet from all residentially zoned property and 100 feet from all other lot lines.

[4] Shall be located in an area that is planned to remain commercially viable for agricultural land uses.

[5] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per employee on the largest work shift.

(7) On-site agricultural retail. Description: on-site agricultural retail land uses include land uses solely associated with the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off-site shall not be permitted within on-site agricultural retail operations and such activity constitutes retail sales as a commercial land use. Packaging and equipment used to store, display, package or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off site.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: A-1.

[1] No structure or group of structures shall exceed 500 square feet in floor area.

[2] No structure shall exceed 12 feet in height.

[3] All structures shall meet all required setbacks for nonresidential land uses.

[4] Signage shall be limited to one on-site sign which shall not exceed 30 square feet in area.

[5] Such land use shall be served by no more than one driveway. Said driveway shall require a valid driveway permit.

[6] The sale of products, which are grown or otherwise produced on nonadjacent property under the same ownership or on property under different ownership, shall be prohibited.

[7] Said structure and fencing shall be located a minimum of 300 feet from any residentially zoned property.

[8] Shall comply with § 450-17, standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: N/A.

(d) Parking regulations: one space per employee on the largest work shift plus a minimum of one parking space for every 200 square feet of product display area.

(8) Community garden. Description: an area for cultivation and related activities divided into one or more plots to be cultivated by more than one operator or member. These areas may be on public or private lands.

(a) Permitted by right: all districts.

[1] All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district.

[2] Site plan submittal shall include the property owner, established sponsoring organization, and garden manager.

[3] Site plan which demonstrates considerations for and indicates locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking.

[4] The following structures are permitted: toolsheds, shade pavilions, barns, restroom facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children's play areas.

[5] Signs shall be limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign and shall not exceed a total aggregate area of 48 square feet.

[6] Fences shall comply with the regulations in § 450-53, except that chicken wire, woven wire, and related garden fencing shall be permitted without restriction around and within cultivated areas.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: N/A.

(9) Market garden. Description: an area for cultivating and related activities divided into one or more plots to be cultivated by more than one operator or member. These areas may be on public or private lands, with on-site sales of crops grown on site.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional regulations: all districts.

[1] All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district.

[2] Site plan submittal shall include the property owner, established sponsoring organization, and garden manager.

[3] Site plan which demonstrates considerations for and indicates locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, shaded rest area, and availability of public parking.

[4] The following structures are permitted: toolsheds, shade pavilions, barns, restroom facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children's play areas.

[5] Seasonal farm stands shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.

[6] Signs shall be limited to identification, information and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign and shall not exceed a total aggregate area of 48 square feet.

[7] Fences shall comply with the regulations in § 450-53, except that chicken wire, woven wire, and related garden fencing shall be permitted without restriction around and within cultivated areas.

C. Institutional land uses.

(1) Passive outdoor public recreation. Description: passive outdoor public recreational land uses include all recreational land uses located on public property that involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross-country ski trails, horse trails, open grassed areas not associated with any particular active recreational land use [see Subsection C(2) below], picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.

(a) Permitted by right: all districts.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: N/A.

(d) Parking requirements: one space per four expected patrons at maximum capacity for any use requiring over five spaces.

(2) Active outdoor public recreation. Description: active outdoor public recreational land uses include all recreational land uses located on public property that involve active recreational activities. Such land uses include playcourts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses, and similar land uses.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: all districts, except M-2 and M-3.

[1] Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 450-76). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

[2] All structures and active recreational areas shall be located a minimum of 50 feet from any residentially zoned property.

[3] Facilities that serve a community-wide function shall be located with primary vehicular access on a collector or arterial street.

[4] Facilities that serve a regional or community-wide function shall provide off-street passenger loading area if the majority of the users will be children.

[5] Shall comply with § 450-17, standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: N/A.

(d) Parking regulations: one space per four expected patrons at maximum capacity for any use requiring over five spaces.

(3) Indoor institutional. Description: indoor institutional land uses include all indoor public and not for profit recreational facilities (such as gyms, swimming pools, libraries, museums, and community centers), schools, churches, nonprofit clubs, nonprofit fraternal organizations, convention centers, hospitals, jails, prisons, and similar land uses.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: B-1, B-2, B-3, B-4, M-1, HMU, O-1.

[1] Shall be located with primary vehicular access on a collector or arterial street.

[2] Shall provide off-street passenger loading area if the majority of the users will be children (as in the case of a school, church, library, or similar land use).

[3] All structures shall be located a minimum of 50 feet from any residentially zoned property.

[4] Shall comply with § 450-17, standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: A-1, R-1, R-2, R-3, R-4.

[1] Shall comply with regulations in Subsection C(3)(b), above.

[2] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(d) Parking regulations: generally, one space per three expected patrons at maximum capacity; however, see additional specific requirements below:

[1] Church: one space per five seats at the maximum capacity.

[2] Community or recreation center: one space per 250 square feet of gross floor area, or one space per four patrons to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.

[3] Funeral home: one space per three patron seats at the maximum capacity, plus one space per employee on the largest work shift.

[4] Hospital: two spaces per three patient beds, plus one space per staff doctor and each other employee on the largest work shift.

[5] Library or museum: one space per 250 square feet of gross floor area or one space per four seats to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.

[6] Elementary and junior high: one space per teacher and per staff member, plus one space per two classrooms.

[7] Senior high: one space per teacher and staff member, plus one space per five nonbused students.

[8] College or trade school: one space per staff member on the largest work shift, plus one space per two students of the largest class attendance period.

(4) Outdoor institutional. Description: outdoor institutional land uses include public and private cemeteries, privately held permanently protected green space areas, country clubs, nonpublic golf courses, and similar land uses.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: all districts, except M-2 and M-3.

[1] Shall be located with primary vehicular access on a collector or arterial street.

[2] Shall provide off-street passenger loading area if a significant proportion of the users will be children.

[3] All structures and actively used outdoor recreational areas shall be located a minimum of 50 feet from any residentially zoned property.

[4] Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 450-76). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

[5] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(d) Parking regulations: generally, one space per three expected patrons at maximum capacity. However, see additional specific requirements below:

[1] Cemetery: one space per employee, plus one space per three patrons to the maximum capacity of all indoor assembly areas.

[2] Golf course: 36 spaces per nine holes, plus one space per employee on the largest work shift, plus 50% of spaces otherwise required for any accessory uses (e.g., bars, restaurant).

[3] Swimming pool: one space per 75 square feet of gross water area.

[4] Tennis court: three spaces per court.

(5) Public service and utilities. Description: public service and utilities land uses include all town, county, state and federal facilities (except those otherwise treated in this subsection), emergency service facilities such as fire departments and rescue operations, wastewater treatment plants, public and/or private utility substations, water towers, utility and public service related distribution facilities, and similar land uses but not including combustion power generation facilities and noncombustion power-generating facilities.

[Amended by Ord. No. 01-11]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: all districts.

[1] Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property.

[2] All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 450-76). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

[3] All structures shall be located a minimum of 20 feet from any residentially zoned property.

[4] The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.

[5] Shall comply with § 450-17, standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: N/A.

(d) Parking regulations: one space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises, plus one space per 500 square feet of gross square feet of office area.

(6) Institutional residential. Description: institutional residential land uses include group homes, convents, monasteries, nursing homes, convalescent homes, limited-care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements under the provisions of Wis. Stats., § 62.23.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: R-4, B-1, B-2, B-3, B-4, HMU, O-1. See listing for Institutional Residential Uses, Subsection A(1), above.

(d) Parking regulations:

[1] Monastery or convent: one space per six residents, plus one space per employee on the largest work shift, plus one space per five chapel seats if the public may attend.

[2] Nursing/retirement home or CBRF: one space per six patient beds, plus one space per employee on the largest work shift, plus one space per staff member and per visiting doctor.

(7) Community living arrangement (one to eight residents). Description: community living arrangement land uses include all facilities provided for in Wis. Stats., § 46.03(22), including child welfare agencies, group homes for children, and community based residential facilities. Community living arrangements do not include day-care centers (see separate listing); nursing homes (an institutional residential land use); general hospitals, special hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in Wis. Stats., § 62.23.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special regulations: R-1, R-2, R-3, R-4, HMU, O-1.

[1] No community living arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity.

[2] The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the City shall not exceed 1% of the City's population (unless specifically authorized by the City Council following a public hearing).

[3] Foster homes housing four or fewer children and licensed under Wis. Stats., § 48.62, shall not be subject to Subsection C(7)(b)[1] above, and shall not be subject to, or count toward, the total arrived at in Subsection C(7)(b)[2] above.

[4] Shall comply with § 450-17, standards and procedures applicable to all permitted by use with special requirements.

[5] State law reference: § 62.23, Wis. Stats.

(c) Conditional use regulations: N/A.

(d) Parking regulations: three spaces.

(8) Community living arrangement (nine to 15 residents). Description: see Subsection C(7), above.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special regulations: R-3, R-4.

[1] No community living arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity.

[2] The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the City shall not exceed 1% of the City's population (unless specifically authorized by the City Council following a public hearing).

[3] Shall comply with § 450-17 standards and procedures applicable to all permitted by use with special requirements.

[4] State law reference: § 62.23, Wis. Stats.

(c) Conditional use regulations: R-1, R-2, HMU, O-1.

[1] Shall meet all additional special regulations in Subsection C(8)(b) above.

[2] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: four spaces.

(9) Community living arrangement (16 or more residents). Description: see Subsection C(7), above.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special regulations: N/A.

(c) Conditional use regulations: R-4, HMU, O-1.

[1] No community living arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity.

[2] The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the City shall not exceed 1% of the City's population (unless specifically authorized by the City Council following a public hearing).

[3] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

[4] State law reference: § 62.23, Wis. Stats.

(d) Parking regulations: one space per every three residents.

D. Commercial land uses.

(1) Office. Description: office land uses include all exclusively indoor land uses whose primary functions are the handling of information or administrative services. Such land uses do not typically provide services directly to customers on a walk-in or on-appointment basis.

(a) Permitted by right: B-1, B-2, B-3, B-4, M-1, M-2, M-3, HMU, O-1.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: N/A.

(d) Parking regulations: one space per 300 square feet of gross floor area.

(2) Personal or professional service. Description: personal service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such land uses include professional services, insurance services, realty offices, financial services, medical offices and clinics, veterinary clinics, barbershops, beauty shops, and related land uses.

(a) Permitted by right: B-1, B-2, B-3, B-4, HMU, O-1.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-1.

[1] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per 300 square feet of gross floor area.

(3) Indoor sales or service. Description: indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats and retail sales of food and beverages that do not require a Health Department permit or liquor license. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as "outdoor display incidental to indoor sales" under "accessory uses" in § 450-33E(8). A land use that contains both indoor sales and outdoor sales where outdoor sales area exceeds 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use [see Subsection D(4) below]. Artisan craft production such as consumer ceramics, custom woodworking, or other production activities directly associated with retail sales are regulated as "light industrial uses incidental to retail sales" [see § 450-33E(10)].

(a) Permitted by right: B-1, B-2, B-3, B-4, HMU.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-1.

[1] Shall comply with § 450-16 standards ad procedures applicable to all conditional uses.

(d) Parking regulations: one space per 300 square feet of gross floor area.

(4) Outdoor display. Description: outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Examples of such land uses include vehicle sales, vehicle rental, mobile and manufactured housing sales and monument sales. The area of outdoor sales shall be calculated as the area that would be enclosed by a fence installed and continually maintained in the most efficient manner that completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. [Land uses that conduct or display only a limited amount of product outside of an enclosed building are listed separately in § 450-33E(8) as "outdoor display incidental to indoor sales."]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-3, B-4, HMU, M-2.

[1] The display of items shall not be permitted in permanently protected green space areas, required landscaped areas, or required bufferyards.

[2] The display of items shall not be permitted within required setback areas for the principal structure.

[3] In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 450-37. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.

[4] Display areas shall be separated from any vehicular parking or circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.

[5] Signs, screenage, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

[6] Outdoor display shall be permitted during the entire calendar year; however, if goods are removed from the display area all support fixtures used to display the goods shall be removed within 10 calendar days of the goods' removal.

[7] Inoperative vehicles or equipment, or other items typically stored or displayed in a junk or salvage yard, shall not be displayed for this land use.

[8] Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the display area abutting residentially zoned property, except per Subsection D(4)(c)[5] above (see § 450-76).

[9] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(d) Parking regulations:

[1] In front of required principal building setback: one space per 300 square feet of gross floor area.

[2] Behind required principal building setback: one space per 300 square feet of gross floor area.

(5) Indoor maintenance service. Description: indoor maintenance services include all land uses that perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered a vehicle repair and maintenance use. See § 450-33D(16).

(a) Permitted by right: B-1, B-2, B-3, B-4, M-1, M-2, M-3.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: HMU.

[1] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per 300 square feet of gross floor area.

(6) In-vehicle sales or service. Description: in-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity [except vehicle repair and maintenance uses, see § 450-33D(16)].Such land uses often have traffic volumes that exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include vehicular fuel stations and all forms of car washes. This land use does not include drive-in, drive-up or drive-through land uses, which are considered a separate land use category [see § 450-33D(18)]. If performed in conjunction with a principal land use (for example an ATM machine), in-vehicle sales and service land uses shall be considered an accessory use [§ 450-33E(9)].

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-1, B-3, B-4, HMU.

[1] Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).

[2] The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.

[3] In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.

[4] The setback of any overhead canopy or similar structure shall be a minimum of 10 feet from all street rights-of-way lines, a minimum of 20 feet from all residentially zoned property lines, and shall be a minimum of five feet from all other property lines. The total height of any overhead canopy of similar structure shall not exceed 20 feet as measured to the highest part of the structure.

[5] All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material that is designed to meet the requirements of a minimum four ton axle load.

[6] Facility shall provide a bufferyard with a minimum opacity of 0.60 along borders of the property abutting residentially zoned property (§ 450-76).

[7] Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. Said curbs shall be a minimum of six inches high and be of a nonmountable design. No exterior fixture, such as a fuel pump, vacuum stand or menu board, shall be located closer than 25 feet to all property lines.

[8] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per 250 square feet of gross floor area. Each drive-up lane shall have a minimum stacking length of 100 feet before the pass-through window and 40 feet beyond the pass-through window.

(7) Indoor commercial entertainment. Description: indoor commercial entertainment land uses include all land uses that provide entertainment services entirely within an enclosed building. Such activities often have operating hours that extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.) bowling alleys, arcades, roller rinks, and pool halls.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: B-2.

[1] No customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property if the entrance is located on the same side of the building as abutting residentially zoned property.

[2] Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see § 450-76).

[3] A parking waiver is required by the Plan Commission for any new structures constructed for an indoor commercial entertainment use in the B-2 District.

[4] Shall comply with § 450-17, standards and procedures applicable to all special uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(c) Conditional use regulations: B-1, B-3, B-4, HMU, O-1.

[1] No customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property if the entrance is located on the same side of the building as abutting residentially zoned property.

[2] Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see § 450-76).

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per every three patron seats or lockers or one space per three persons at the maximum capacity of the establishment (whichever is greater).

(8) Commercial animal boarding. Description: commercial animal boarding facility land uses include land uses that provide short-term and/or long-term boarding for animals. Examples of these land uses include commercial kennels and commercial stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate consideration.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: A-1, B-3, B-4.

[1] A maximum of one animal unit per acre of fully enclosed fenced outdoor area (and a maximum of five dogs, cats or similar animals) shall be permitted.

[2] The minimum permitted size of horse or similar animal stall shall be 100 square feet.

[3] The following setbacks shall be required in addition to those of the zoning district:

[a] No activity area, including pastures or runs, shall be located closer than 10 feet to any property line.

[b] Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property.

[c] A vegetative strip at least 100 feet wide shall be maintained between any corral, manure pile, or manure application area and any surface water or well in order to minimize runoff, prevent erosion, and promote nitrogen absorption.

[4] Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use has been secured. (See § 450-18.)

[5] All activities, except vehicle parking, shall be completely and continuously contained indoors, including animal exercising and display areas.

[6] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per every 1,000 square feet of gross floor area.

(9) Commercial indoor lodging. Description: commercial indoor lodging facilities include land uses which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurants, arcades, fitness centers, and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate land use.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-2, B-3, B-4, HMU.

[1] If located on the same side of a building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property.

[2] Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see § 450-76).

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per bedroom, plus one space for each employee on the largest work shift.

(10) Bed-and-breakfast establishment. Description: bed-and-breakfast establishments are exclusively indoor lodging facilities that provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities for the exclusive use of their customers.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: all districts, except M-1, M-2 and M-3.

[1] All such facilities shall be required to obtain a permit to serve food and beverages. They shall be inspected annually at a fee as established by a separate ordinance to verify that the land use continues to meet all applicable regulations.[1]

[1] Editor's Note: The current Fee Schedule is on file in the City Hall.

[2] One sign, with a maximum area of 20 square feet, shall be permitted on the property.

[3] Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see § 450-76).

[4] No premises shall be utilized for a bed-and-breakfast operation unless there are at least two exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room. Each sleeping room used for the bed-and-breakfast operation shall have a separate operational smoke detector alarm, as required in Chapter 192, Building Construction. One lavatory and bathing facility shall be required for every 10 occupants, in addition to the owner/occupant's personal facilities.

[5] The dwelling unit in which the bed-and-breakfast takes place shall be the principal residence of the operator/owner, and said operator/owner shall live on the premises when the bed-and-breakfast operation is active.

[6] Only the meal of breakfast shall be served to guests who have stayed overnight.

[7] Each operator shall keep a list of names of all persons staying at the bed-and-breakfast operation. This list shall be kept on file for a period of one year. Such list shall be available for inspection by City officials at any time.

[8] The maximum stay for any occupants of a bed-and-breakfast operations shall be 10 days per year.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[9] Public nuisance violations. Bed-and-breakfast operations shall not be permitted whenever the operation endangers, or offends, or interferes with the safety or rights of others so as to constitute a nuisance.

[10] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per each bedroom.

(11) Day-care center (nine or more children). Description: day-care centers are land uses in which qualified persons provide child-care services for nine or more children. Examples of such land uses include day-care centers and nursery schools. Such land uses shall not be located within a residential building. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, day-care centers are not considered as accessory uses and therefore require review as a separate land use.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: R-1, R-2, R-3, R-4, B-1, B-2, B-3, B-4, HMU, O-1, M-1, M-2.

[1] Facility shall provide a bufferyard with a minimum opacity of 0.50 along all borders of the property abutting residentially zoned property (see § 450-76).

[2] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

[3] Property owner's permission is required as part of the conditional use permit application.

(d) Parking regulations: one space per five students, plus one space for each employee on the largest work shift.

(12) Outdoor maintenance service. Description: outdoor maintenance services include all land uses which perform maintenance services, including repair, and have all or any portion of their operations located outside of an enclosed building.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: HMU, M-2, M-3.

[1] All outdoor activity areas shall be completely enclosed by a minimum six feet high fence. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and shall be screened from such property by a bufferyard with a minimum opacity of 0.60 (see § 450-76).

[2] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per 300 square feet of gross floor area.

(13) Outdoor commercial entertainment. Description: outdoor commercial entertainment land uses include all land uses that provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash and late operating hours. Examples of such land uses include outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, and racetracks. [Note: outdoor commercial entertainment uses do not include outdoor eating areas or beer gardens. See § 450-33E(25).]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: A-1, B-2, B-3, HMU, M-2.

[1] Activity areas shall not be located closer than 300 feet to a residentially zoned property.

[2] Facility shall provide bufferyard with minimum opacity of 0.80 along all borders of the property abutting residentially zoned property (§ 450-76).

[3] Activity areas (including drive-in movie screens) shall not be visible from any residentially zoned property.

[4] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space for every three patron seats at the maximum capacity of the establishment.

(14) Boardinghouse. Description: boardinghomes include any residential use renting rooms that do not contain private bathroom facilities (with the exception of approved bed-and-breakfast facilities).

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: R-4, B-2, B-3, HMU.

[1] Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 450-76).

[2] Shall provide a minimum of one on-site parking space for each room for rent.

[3] Shall be located in an area of transition from residential land uses to nonresidential land uses.

[4] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per room for rent, plus one space per each employee on the largest work shift. These requirements may be waived by the Plan Commission for businesses in the B-2 District, following a request from the applicant.

(15) Sexually oriented land uses. Description: sexually oriented land uses include any facility oriented to the display of sexually oriented materials such as videos, movies, slides, photos, books, or magazines, or actual persons displaying and/or touching sexually specified areas. For the purpose of this chapter, "sexually specified areas" includes any one or more of the following: genitals, anal area, female areola or nipple; and "sexually oriented material" includes any media which displays sexually specified area(s). (NOTE: The incorporation of this section into this chapter is designed to reflect the City Council's official finding that sexually oriented commercial uses have a predominant tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other, similar jurisdictions. Specifically, the City Council is concerned with the potential for such uses to limit the attractiveness of nearby locations for new development, the ability to attract and/or retain customers, and the ability to market and sell nearby properties at a level consistent with similar properties not located near such facilities. It is explicitly not the intent of this section to suppress free expression by unreasonably limiting alternative avenues of communication, but rather to balance the need to protect free expression opportunities with the need to implement the City's Comprehensive Master Plan and protect the character and integrity of its commercial and residential neighborhoods.)

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-3.

[1] Shall be located a minimum of 1,000 feet from any agriculturally zoned property or residentially zoned property, and shall be located a minimum of 1,000 feet from any school, church, or outdoor recreational facility.

[2] Exterior building appearance and signage shall be designed to ensure that use does not detract from the ability of businesses in the vicinity to attract customers, nor affect the marketability of properties in the vicinity for sale at their assessed values.

[3] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(d) Parking regulations. One space per 300 square feet of gross floor area or one space per person at the maximum capacity of the establishment (whichever is greater).

(16) Vehicle repair and maintenance. Description: vehicle repair and maintenance services include all land uses that perform maintenance services (including repair) to motorized vehicles and contain all operations (except vehicle storage) within an enclosed building. The only vehicular repair and maintenance uses allowed in the B-2 District include auto upholstery and electronics installation.

(a) Permitted by right: M-2 and M-3.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-3 and HMU.

[1] Storage of abandoned vehicles shall be prohibited.

[2] Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 450-76).

[3] No vehicles or parts of vehicles can be stored on a public street, in a public parking lot, or on a sidewalk.

[4] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(d) Conditional use regulations: B-2.

[1] Storage of abandoned vehicles shall be prohibited.

[2] All repair and maintenance activities must take place in an enclosed building.

[3] No vehicle or parts of vehicles can be stored on a public street, in a public parking lot, or on a sidewalk.

[4] No vehicles or parts of vehicles can be stored outside of a principal or accessory structure including on private property.

[5] No containers of auto fluids or auto parts can be stored outside of a principal or accessory structure.

[6] No venting or exhaust fans shall be located on the exterior of the building abutting residentially zoned property or facing the street frontage.

[7] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(e) Parking regulations. One space per 300 square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles.

(17) Group development. Description: a group development is any development containing two or more structures containing principal land uses on the same lot; any single structure on a single lot which contains five or more dwelling units or two or more nonresidential uses; and/or any single structure devoted to institutional, commercial or mixed use land uses containing more than 10,000 gross square feet of floor area, or any single structure devoted to office land uses containing more than 20,000 square feet of floor area. Common examples of group developments include six-unit apartment buildings, apartment complexes, condominium complexes, strip centers, shopping centers, and office centers. (One tenant-commercial building containing less than 10,000 square feet of gross floor area, one tenant office building containing less than 20,000 square feet of gross floor area, industrial buildings, 4-unit apartment buildings, and other land uses in which each nonresidential building contains only one tenant, or where the lot contains only one structure, or where each residential building contains four or fewer dwelling units, are not group developments even though such developments may contain parcels under common ownership.) The following standards shall apply to all new institutional, commercial, and multiuse buildings in excess of 10,000 gross square feet and to all multibuilding developments in which the combined total of all structures on a site, regardless of diverse ownership, use or tenancy, combine to exceed 10,000 gross square feet. These conditions shall also be applied to the addition to the building and area of the site requiring improvements because of the addition in instances where building additions bring the total building size to over 10,000 gross square feet. Such conditions shall apply to the building additions only and the site that is changed because of the addition. This 10,000 gross square foot limit shall apply to individual freestanding buildings and to group developments in which the combined total of all structures on a site, regardless of diverse use or tenancy, combine to more than 10,000 gross square feet. For buildings containing only office land uses, the trigger size shall be 20,000 gross square feet.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: all districts. Any land use that is permitted as a permitted by right land use, a permitted by right with special requirements, or as a conditional land use within the applicable zoning district(s) is permitted to locate within a group development. The detailed land use regulations of this section that pertain to individual land uses shall also apply to individual land uses within a group development, as will all other applicable provisions of this chapter. Therefore, land uses permitted by right in the zoning district shall be permitted by right within an approved group development (unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group development as a whole), and land uses permitted as a conditional use in the zoning district shall be permitted within the group development only with conditional use approval for the specific use.

[1] Rules applicable to all group developments: In all cases, the following conditional use conditions shall be applied to the group development as a whole, as well as to individual uses within the group development:

[a] Subject to conditional use and design review processes. All group developments shall be subject to § 450-23. The application shall demonstrate how the proposed development relates to each of the following criteria:

[i] Is consistent with the recommendations, and forwards the objectives, of adopted planning documents.

[ii] Is complementary with the design and layout of nearby buildings and developments.

[iii] Enhances, rather than detracts from, the desired City character of Edgerton.

[b] General layout and future divisibility. Unless a deed restriction is recorded with the Register of Deeds prohibiting the division of the parcel, all development located within a group development shall be located so as to comply with the intent of this chapter regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory structures and buildings located within group developments shall be situated within building envelopes that serve to demonstrate complete compliance with said intent. Said building envelopes shall be depicted on the site plan required for review of group developments. The use of this approach to designing group developments will also ensure the facilitation of subdividing group developments in the future (if such action is so desired). Structures created as part of a group development cannot be separated by a land division unless the structure complies with the bulk requirements of the district.

[c] Building materials. Exterior building materials shall be of comparable aesthetic quality on all sides. Building materials such as glass, brick, tinted and decorative concrete block, stone, wood, stucco, and exterior insulation and finish systems (EIFS) shall be used, as may vinyl on a portion of residential structures, as determined appropriate by the Plan Commission. Decorative architectural metal with concealed fasteners or decorative tilt-up concrete panels may be approved if incorporated into the overall design of the building. The Plan Commission may consider metal exterior building on buildings housing industrial land uses.

[d] Overall building design. Building design shall be subject to Plan Commission approval, and shall forward the aesthetic objectives of the City for the community, the vicinity and the subject property.

[e] Building entrances. Public building entryways shall be clearly defined and highly visible on the building's exterior design and shall be emphasized by on-site traffic flow patterns. Two or more of the following design features shall be incorporated into all public building entryways: canopies or porticos, overhangs, projections, arcades, peaked roof forms, arches, outdoor patios, display windows, distinct architectural details. Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance that shall conform to the above requirements.

[f] Building color. Building facade colors shall be nonreflective, subtle, neutral, or earth tone. The use of high intensity colors, metallic colors, fluorescent colors or black on facades shall be prohibited. Building trim and architectural accent elements may feature bright colors or black, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on signage, subject to the limitations in Article VI of this chapter, the Sign Ordinance.

[g] Screening.

[i] All ground-mounted and wall-mounted mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground level views, with materials identical to those used on the building exterior.

[ii] All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs so as to not be visible from public streets adjacent or within 1,000 feet of the subject property. Fences or similar rooftop screening devices may not be used to meet this requirement.

[iii] Loading docks shall be completely screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above.

[iv] Gates and fencing may be used for security and access, but not for screening, and they shall be of high aesthetic quality. Decorative metal picket fencing and screening is acceptable. Chain-link, wire-mesh or wood fencing is unacceptable, except as approved by the Plan Commission for industrial land uses. Decorative, heavy-duty wood gates may be used.

[h] Roadway connections.

[i] All nonresidential projects shall have direct access to an arterial street, or to a collector level street deemed appropriate by the Plan Commission.

[ii] Vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; and traffic control devices; and sidewalks.

[iii] The site design shall provide direct connections to adjacent land uses if required by the City.

[i] Parking.

[i] Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces required in § 450-33 of this chapter by 50% shall be allowed only with specific and reasonable justification.

[ii] Parking lot design shall employ interior, curbed landscaped islands at all parking aisle ends. In addition, the project shall provide landscaped islands within each parking aisle spaced at intervals no greater than one island per every 12 spaces in that aisle. Islands at the ends of aisles shall count toward meeting this requirement. Each required landscaped island shall be a minimum of 360 square feet in landscaped area.

[iii] Landscaped and curbed medians, a minimum of 10 feet in width from back-of-curb to back-of-curb, shall be used to create distinct parking areas of no more than 120 parking stalls.

[j] Bicycle and pedestrian facilities.

[i] The entire development shall provide for safe pedestrian and bicycle access to all uses within the development, connections to existing and planned public pedestrian and bicycle facilities, and connections to adjacent properties.

[ii] Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or pedestrian/bike facilities. The minimum width for sidewalks adjacent to buildings shall be 10 feet, and the minimum width for sidewalks elsewhere in the development shall be five feet.

[iii] Sidewalks other than street sidewalks or building aprons shall have adjoining landscaping along at least 50% of their length. Such landscape shall match the landscaping used for the street frontages.

[iv] Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, pavement color, pavement textures, and signage.

[v] The development shall provide secure, integrated bicycle parking at a rate of one bicycle rack space for every 50 vehicle parking spaces.

[vi] The development shall provide exterior pedestrian furniture in appropriate locations at a minimum rate of one seat for every 10,000 square feet of gross floor area.

[vii] The development shall provide interior pedestrian furniture in appropriate locations at a minimum rate of one bench seat for every 10,000 square feet of gross floor area. Seating in food service areas, or other areas where food or merchandise purchasing activities occur shall not count toward this requirement. A minimum of four seats shall be located within the store, with a clear view through exit doors to a passenger pickup or dropoff area.

[k] Central areas and features. Each nonindustrial developments exceeding 20,000 square feet in total gross floor area shall provide central area(s) or feature(s) such as a patio/seating area, pedestrian plaza with benches, outdoor playground area, water feature, and/or other such deliberately designated areas or focal points that adequately enhance the development or community. All such areas shall be openly accessible to the public, connected to the public and private sidewalk system, designed with materials compatible with the building and remainder of the site, and shall be maintained over the life of the building project.

[l] Cart return. Except for industrial land uses, a minimum of one 200 square foot cart return area shall be provided for every 100 parking spaces. Cart corrals shall be of durable, nonrusting, all-season construction, and shall be designed and colored to be compatible with the building and parking lot light standards. There shall be no exterior cart return or cart storage areas located within 25 feet of the building.

[m] Outdoor display areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of 10 feet. Display areas on building aprons must maintain a minimum walkway width of 10 feet between the display items and any vehicle drives.

[n] Outdoor storage uses and areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan.

[o] Landscaping. On-site landscaping shall be provided at time of building occupancy and maintained per following landscaping requirements:

[i] Landscaping plan shall be submitted to the Plan Commission for approval, as part of the site plan.

[ii] Building foundation landscaping is required for all building frontages in order to provide visual breaks in the mass of the building. Such foundation landscaping shall be placed along 30% of the building's total perimeter, predominately near and along customer facades and entrances facing public streets. One ornamental tree with a minimum 1.5 inches caliper or one minimum six-foot-tall tree ("whips" not permitted), and four shrubs at a minimum height of 18 inches tall shall be planted for every 10 linear feet of building foundation planter area. Appropriate trees and shrubs include crab apple, birch, cherry, hawthorne, serviceberry, arborvitae, dogwood, lilac, vibernum, cotoneaster, forsythia, hazelnut, barberry, spirea, juniper, yew, or similar species and varieties approved by the City.

[iii] One street tree at a minimum of 2.0 inches caliper shall be planted at 50 feet centers along and within 10 feet of all public and private streets and drives, including parking lot connections and circulation drives, and loading areas. Such tree plantings shall be planted in tree wells along the circulation drives adjacent to the sides of the store that face a public or private street, along both sides of internal drives, and along the outside edge of loading areas. Appropriate trees include sugar maple, pin oak, ginkgo, or similar species and varieties approved by the City.

[iv] One shade tree at a minimum of 2.0 inches caliper shall be planted on each parking lot peninsula and island. Appropriate trees include honey locust, green or white ash, linden, sugar maple, red maple, or similar species and varieties approve by the City.

[v] All landscaped areas shall be at least 10 feet wide in their smallest dimension. Tree wells may be a minimum of 36 square feet.

[p] Lighting. On-site exterior lighting shall meet all the standards of § 450-40 of this chapter, except that in addition:

[i] Total cutoff luminaries with angles of less than 90° shall be required for all pole and building security lighting to ensure no fugitive up lighting occurs.

[ii] At a minimum, as measured over ambient lighting conditions on a clear night, exterior lighting shall not exceed more that 0.5 footcandle above ambient levels along all property lines, and shall not exceed an average illumination level of 2.4 footcandles nor provide below a minimum of 0.2 footcandle in public parking and pedestrian areas.

[iii] The color and design of pole lighting standards shall be compatible with the building and the City's public lighting in the area, and shall be uniform throughout the entire development site. The maximum height for all poles shall be 20 feet.

[q] Signage. The plan for exterior signage shall provide for modest, coordinated, and complimentary exterior sign locations, configurations, and color throughout the development, including outlots. All freestanding signage within the development shall compliment on-building signage. Monument style ground signs are required, and shall not exceed a height of eight feet. Consolidated signs for multiple users may be required instead of multiple individual signs. The City may require the use of muted corporate colors on signage if proposed colors are not compatible with the City's design objectives for the area. The use of logos, slogans, symbols, patterns, striping and other markings, and colors associated with a franchise or chain is permitted, and shall be considered as contributing to the number and area of permitted signs.

[r] Noise. Noise associated with activities at the site shall not create a nuisance to nearby properties and shall comply with applicable City noise requirements in § 450-42 of this chapter.

[s] Natural resources protection. Existing natural features shall be integrated into the site design as a site and community amenity. Maintenance of any stormwater detention or conveyance features are solely borne by the developer/owner unless dedicated and accepted by the City.

[t] Policy on vacation of existing sites. Where such a building is proposed as a replacement location for a business already located within the City, the City shall prohibit any privately imposed limits on the type or reuse of the previously occupied building through conditions of sale or lease. If the building remains vacant of a permanent occupant for more than 36 months, the property owner shall demolish the building and restore the site to "greenfield" status, as defined by the removal of all buildings, foundations, pavement, concrete, light fixtures, signage, and materials and including the establishment of permanent turf on the site. Temporary occupancy of the building and/or the exterior grounds shall not be considered a "permanent occupant."

[2] Additional rules beyond those required in Subsection D(17)(c)[1], applicable to large group developments (exceeding 20,000 gross square feet):

[a] Compatibility report is required. The applicant shall provide, through a written compatibility report submitted with the petition for a conditional use permit or rezoning application for the PUD districts, adequate evidence that the proposed building and overall development project shall be compatible with the City's Comprehensive Master Plan and any detailed neighborhood plan for the area. The compatibility report shall specifically address the following items:

[i] A description of how the proposed development is compatible with adopted City Plans, including the Comprehensive Master Plan, detailed neighborhood plans, and other plans officially adopted by the City;

[ii] A completed transportation and traffic impact analysis in a format acceptable to the State of Wisconsin WISDOT District 1. The applicant shall provide adequate funding to the City to hire a traffic engineer of the City's choice to complete and present a traffic impact analysis following Wisconsin Department of Transportation District 1 guidelines. The traffic impact analysis shall consider the parking lot 100% full for level of service analysis. Where the project will cause off-site public roads, intersections, or interchanges to function below Level of Service C, as defined by the Institute of Transportation Engineers, the City may deny the application, require a size reduction in the proposed development, or require that the developer construct and/or pay for required off-site improvements.

[b] Building location is compatible with detailed neighborhood plan. Where buildings are proposed to be distant from a public street, as determined by the Plan Commission, the overall development design shall include smaller buildings on pads or out lots closer to the street. Placement and orientation must facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring commercial areas, and neighborhoods, and must forward community character objectives as described in the City's Comprehensive Master Plan. In the absence of an adopted detailed neighborhood plan or preliminary plat for the subject property, the conditional use or planned unit development application for development exceeding 20,000 square feet in total gross floor area of all combined buildings within the development shall be accompanied or preceded by a new City-approved detailed neighborhood plan or preliminary plat for all areas within 1,500 feet of the subject property, as measured from the outer perimeter of the subject property or group of properties proposed for development, and other nearby lands as determined by the Plan Commission and City Board to be part of the neighborhood. The detailed neighborhood plan or preliminary plat shall clearly demonstrate the provision of land use, multimodal transportation, utility, stormwater management and community character components, and patterns that clearly forward the objectives of the City's Comprehensive Master Plan, as determined by the Plan Commission. The detailed neighborhood plan or preliminary plat shall contain the following specific elements at a scale of not less than one inch equals 400 feet:

[i] Land use with specific zoning districts and/or land uses;

[ii] Transitional treatments such as berms and/or landscaping between areas with differing land uses or character;

[iii] Complete public road network;

[iv] Pedestrian and bicycle network;

[v] Transit routes and stops, where applicable;

[vi] Conceptual stormwater management network;

[vii] Public facility sites including parks, schools, conservation areas, public safety facilities and public utility facilities;

[viii] Recommendations for community character themes, including building materials, landscaping, streetscaping and signage.

[c] Overall building design. The building exterior shall complement other buildings in the vicinity, and shall be of a design determined appropriate by the Plan Commission:

[i] The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent size and scale of the building.

[ii] A minimum of 20% of the structure's facades that are visible from a public street shall employ actual protrusions or recesses with a depth of at least six feet. No uninterrupted facade shall extend more than 100 feet.

[iii] A minimum of 20% of all of the combined linear roof eave or parapet lines of the structure shall employ differences in height, with such differences being six feet or more as measured eave to eave or parapet to parapet.

[iv] Roofs with particular slopes may be required by the City to complement existing buildings or otherwise establish a particular aesthetic objective.

[v] Ground floor facades that face public streets shall have arcades (a series of outdoor spaces located under a roof or overhang and supported by columns or arches), display windows, entry areas, awnings, or other such features along no less than 60% of their horizontal length. The integration of windows into building design is required, and shall be transparent, clear glass (not tinted) between three feet to eight feet above the walkway along any facades facing a public street. The use of blinds shall be acceptable where there is a desire for opacity.

[vi] Building facades shall include a repeating pattern that includes no less than three of the following elements: i) color change, ii) texture change, iii) material modular change, iv) expression of architectural or structural bay through a change in plane no less than 24 inches in width, such as an offset, reveal or projecting rib. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.

[d] Landscaped berm. For development exceeding 20,000 square feet in total gross floor area, and where the subject property abuts an area zoned or planned for residential, institutional, or office use, a minimum six-foot-high berm shall be provided. The berm shall be planted with a double row of white, green or blue spruce plantings, or similar species and varieties approved by the City, spaced 15 feet on center.

[e] Absolute building area cap. No individual building devoted to retail, entertainment, or a combination of retail and entertainment land uses, shall exceed a total of 60,000 square feet in gross floor area for the combined gross floor area of all retail and entertainment land uses. Office, institutional, personal or professional service, studio and residential uses may be located in the same building as said retail and/or entertainment land uses and may bring the total gross floor area over the 60,000 square foot cap. This cap may not be exceeded by the granting of a planned development permit. This cap shall not apply to buildings used solely for office, institutional, personal or professional service, or studio uses, or to buildings comprised solely of a combination of said those uses.

[f] Building and parking placement. A maximum of 50% of all parking spaces located anywhere on the site shall be located between the primary street frontage right-of-way line and line of equal setback to the most distant front wall of the building. The remainder of parking on the site shall be set back a greater distance from this setback line.

(18) Drive-in, drive-up or drive-through land use. Description: drive-in land uses include all uses that have a drive-in or drive-up service as the principal land use where the order is placed at the establishment and during the transaction. See § 450-33E(28). Such land uses often have traffic volumes that exhibit their highest levels concurrent with peak traffic flows on adjacent roads. If performed in conjunction with a principal land use (for example, a drive-up window, an ATM machine), drive-in land uses shall be considered an accessory use [see § 450-33E(24)].

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-1, B-3, B-4, HMU.

[1] Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).

[2] The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.

[3] In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.

[4] The setback of any overhead canopy or similar structure shall be a minimum of 10 feet from all street rights-of-way lines, a minimum of 20 feet from all residentially zoned property lines, and shall be a minimum of five feet from all other property lines. The total height of any overhead canopy of similar structure shall not exceed 20 feet as measured to the highest part of the structure.

[5] All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material that is designed to meet the requirements of a minimum four ton axle load.

[6] Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (§ 450-76).

[7] Interior curbs shall be used to separate driving areas from exterior fixtures such as canopy supports and landscaped islands. Said curbs shall be a minimum of six inches high and be of a nonmountable design.

[8] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations. One space per 50 square feet of gross floor area. Each drive-up lane shall have a minimum stacking length of 100 feet behind the pass-through window and 40 feet beyond the pass-through window. These requirements may be waived by the Plan Commission for businesses in the B-2 District, following a request from the applicant.

(19) Campground. Description: campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or vehicles.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: A-1.

[1] Facility shall provide a bufferyard with a minimum opacity of 0.07 along all property borders abutting residentially zoned property (see § 450-76).

[2] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(d) Parking regulations: 1.5 spaces per campsite.

(20) Artisan studio/production shop. Description: a building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, handwoven articles, and related items, as either a principal use or accessory use. A studio is used by no more than three artists or artisans. An artisan production shop is an artisan studio used by more than three artists or artisans.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: B-1, B-2, B-3, B-4, HMU, M-1, M-2.

[1] Artisan production shop is not allowed in the Local Business District (B-1).

[2] Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (§ 450-76).

[3] Shall comply with § 450-17, standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: N/A.

(d) Parking regulations: one space per 300 square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles.

E. Accessory land uses. Accessory uses are land uses incidental to the principal activity conducted on the subject property. Only those accessory uses listed below shall be permitted within the jurisdiction of this chapter. With the exception of a commercial apartment [see Subsection E(1), below], or a farm residence [see Subsection E(3), below], in no instance shall an accessory use, cellar, basement, tent or recreational trailer be used as a residence. With the exception of farm buildings, accessory buildings located within a residential district shall be constructed or finished in a complimentary architectural style and with complimentary materials to the principal residential buildings in the neighborhood. Accessory uses shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard.

(1) Commercial apartment. Description: commercial apartments are dwelling units which are located in conjunction with, and accessory to, a commercial land use (as designated in Subsection D, above), most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses.

[Amended 2-15-2021 by Ord. No. 21-02]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-1, B-2, B-3, B-4, HMU.

[1] The gross floor area devoted to commercial apartments shall be counted toward the floor area of a nonresidential development.

[2] In the B-1, B-3, B-4 and HMU Districts, commercial apartments cannot be located on the ground floor.

[a] A minimum of one off-street parking space shall be provided for each bedroom within a commercial apartment. Parking spaces provided by nonresidential land uses on the site may be counted for this requirement with the approval of the Zoning Administrator.

[3] In the B-2 District, commercial apartments are allowed on any floor of a structure but commercial apartments on the ground floor are allowed under the following conditions:

[a] The business use shall occupy the traditional store front area(s) of the building;

[b] The commercial land use must comprise at least the front (traditional storefront) 500 square feet of the ground floor;

[c] Exterior features and architectural elements of existing building facades must not be altered in a manner which detracts significantly from the character of structure to accommodate the commercial apartment;

[d] Clear ingress and egress shall be established pursuant to all applicable building and fire codes, as amended from time to time;[2]

[2] Editor's Note: See also Ch. 192, Building Construction.

[e] Compliance with all other applicable City codes and regulations as may be required to allow for residential occupancy of first floor areas.

[f] Applications for the establishment of all new residential units on any floor shall include a description of where parking will be provided for each residential unit including the use of parking spaces provided by nonresidential land uses on the site.

[g] Applications for the establishment of all new residential units on the ground floor shall include a proposal to establish a window display providing interest to pedestrian traffic (i.e., advertising for a local business or attraction) in times when the commercial space is not occupied by a business.

[4] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(2) On-site parking lot. Description: on-site parking lots are any areas located on the same site as the principal land use that are used for the temporary parking of vehicles which are fully registered, licensed and operative. Refer also to § 450-37.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: all districts.

[1] Access to an on-site parking lot shall only be permitted to a collector or arterial street.

[2] Access and vehicular circulation shall be designed so as to discourage cut-through traffic.

[3] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: N/A.

(3) Farm residence. Description: a farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in Subsection B above.

(a) Permitted by right: all districts.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: N/A.

(4) Detached private garage, carport, or utility/storage shed. Description: A detached private garage or carport is a structure that primarily accommodates the sheltered parking of a passenger vehicle. A utility/storage shed is an accessory structure that accommodates the storage of residential maintenance equipment and shall not be used to store cars, trucks or related nonrecreational vehicles. A playhouse is an accessory structure that is intended for use as a small recreational structure. A gazebo is an accessory structure intended for use as a temporary shelter. These structures must be located so as to be accessory to a principal land use on the same or adjacent lot. If located on an adjacent lot, the owner must record a deed restriction prohibiting the sale of the two parcels separately. A polystructure is not: a garage; a carport if it is attached to another structure; a utility shed; a playhouse; or a gazebo. Sewer and water service may be installed to serve a detached private garage under the following conditions: there is no shower installed, except for an exterior shower in conjunction with a swimming pool; and the petitioner must file a deed restriction stating that the garage cannot be used as either living quarters or in the operation a business unless local land use permits are obtained and all building, local, and state codes are met. The deed restriction must be filed before a building permit is issued.

[Amended 7-17-2023 by Ord. No. 23-11]

(a) Permitted by right: all districts.

[1] A parcel may have one of the following:

[a] Either: one detached private residential garage or carport shall be permitted by right up to 900 square feet or 30% of the rear lot area, whichever is less, and one utility/storage shed or one playhouse or one gazebo up to 150 square feet shall be permitted by right. All portions of the upper floor of a garage that has at least six feet of space between the floor and ceiling shall count as part of the total area in the garage.

[b] Or: any combination of two of the following: one utility/storage shed, one playhouse or one gazebo up to 150 square feet each shall be permitted by right.

[c] Note: a parcel cannot have one detached garage and two of the small accessory structures listed above without a conditional use permit.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: R-3, R-4, A-1, B-1, B-2, B-3, B-4, M-1, M-2, M-3, HMU, O-1.

[1] Detached private garage or carport larger than 900 square feet or more than 30% of the rear lot area, but smaller than the floor area of the first floor of the principal use structure on the lot. If the garage or carport is larger than the principal use structure and used for vehicle storage, it shall be regulated as indoor vehicle storage under § 450-33H(5). All portions of the upper floor of a garage that has at least six feet of space between the floor and ceiling shall count as part of the total area in the garage.

[2] One detached private residential garage or carport in combination with any two of the following: a utility shed, a playhouse, or a gazebo up to 150 square feet each if the combined area of all accessory structures does not exceed 30% of the rear lot area.

[3] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(5) Private residential recreational facility. Description: this land use includes all active outdoor recreational facilities located on a private residential lot that are not otherwise listed in § 450-33. Materials and lighting shall limit light levels at said property line are to be equal to or less than 0.5 footcandle (see § 450-40). All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures. Common examples of these accessory uses include basketball courts, tennis courts, swimming pools, and recreation-type equipment.

(a) Permitted by right: all districts (all accessory uses except swimming pools).

(b) Permitted by right with additional special requirements: all districts (for swimming pools).

[1] Swimming pools shall be enclosed per the requirements of the Model Barrier Code for Swimming Pools and Spas from the National Spa and Pool Institute (NSPI), available from the Zoning Administrator.

(6) Company cafeteria. Description: a company cafeteria is a food service operation that provides food only to company employees and their guests, which meets state food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service.

(a) Permitted by right: B-2, B-3, B-4, HMU, O-1, M-1, M-2, M-3.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: N/A.

(7) Company provided on-site recreation. Description: a company provided on-site recreational facility is any active or passive recreational facility located on the same site as a principal land use, and which is reserved solely for the use of company employees and their guests. Facilities using activity night lighting shall be a conditional use.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: B-2, B-3, B-4, HMU, O-1, M-1, M-2, M-3.

[1] All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property.

[2] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: B-2, B-3, B-4, HMU, O-1, M-1, M-2, M-3.

[1] Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 450-76). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

[2] All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property.

[3] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(8) Outdoor display incidental to indoor sales and service (more than 12 days). Description: see § 450-33D(4).

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-3, B-4, HMU.

[1] Shall comply with all conditions of Subsection D(4) above.

[2] Display area shall not exceed 25% of gross floor area of principal building on the site.

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(9) In-vehicle sales and services incidental to on-site principal land use. Description: see § 450-33D(6) above.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-1, B-3, B-4, HMU, O-1.

[1] Shall comply with all conditions of Subsection D(6) above.

[2] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(10) Light industrial activities incidental to indoor sales or service land use. Description: these land uses include any light industrial, indoor storage, or wholesaling activity conducted exclusively indoors which is incidental to a principal land use such as indoor sales or service, on the same site.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-1, B-2, B-3, B-4, HMU.

[1] The total area devoted to light industrial activity shall not exceed 15% of the total area of the buildings on the property or 5,000 square feet, whichever is less.

[2] Production area shall be physically separated by a wall from the other activity areas and shall be soundproofed to the level required by § 450-42 for all adjacent properties.

[3] If the total area of indoor storage devoted to vehicle storage exceeds 50% of the principal building on the property, the indoor storage area is defined and regulated as indoor vehicle storage under Subsection H(5).

[4] Shall comply with § 450-16 procedures applicable to all conditional uses.

(11) Drainage structure. Description: these include all improvements, including but not limited to swales, ditches, culverts, drains, tiles, gutters, levees, basins, detention or retention facilities, impoundments, and dams intended to effect the direction, rate and/or volume of stormwater runoff, snow melt, and/or channelized flows across, within and/or away from a site.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: all districts.

[1] Any drainage improvement shall not increase the rate of discharge from the subject property onto any adjacent properties, except where regional stormwater management facilities such as storm sewers and retention or detention facilities are in place to serve the subject property.

[2] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: N/A.

(12) Filling. Description: filling includes any activity in an area over 4,000 square feet or greater than 500 cubic yards of fill involving the modification of the earth's surface above that in its undisturbed state.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: all districts.

[1] Shall comply with all regulations regarding protection measures for natural resources.

[2] Shall not create drainage onto other properties.

[3] Shall not impede on-site drainage.

[4] Shall comply with provisions of Chapter 442, Land Use, of the City Code.

[5] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: N/A.

(13) Exterior communication devices. Description: exterior communication devices include uses such as satellite dishes, ham radio towers, TV antennas, etc.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: all districts.

[1] Exterior communication devices shall not be located in the excess front or street yards.

[2] Devices must be sited an equal or greater number of feet from any property lines as their maximum height.

[3] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: all districts.

[1] Devices that do not meet the special requirements listed above.

[2] The applicant must demonstrate that all reasonable mechanisms have been used to mitigate safety hazards and the visual inputs of the device.

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(14) Home occupation. Description: home occupations are economic activities performed within any single-family detached residence that comply with the following requirements. Examples include personal and professional services and handicrafts, which comply with all of the following requirements:

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements (single-family residences in residential districts):

[1] The home occupation shall be conducted only completely within the dwelling unit, or accessory building or structure with a permanent floor, and not on any porch, deck, patio or other unenclosed or partially enclosed portion of the dwelling unit.

[2] The home occupation shall be conducted by a resident of the dwelling unit, and no more than one other person shall be employed, on either a part-time or full-time basis, in the business.

[3] No more than 25% of the total living area of the dwelling (exclusive of garage and porch areas) shall be used for the home occupation.

[4] The dwelling unit used for the home occupation shall not serve as a storage facility for a business conducted elsewhere.

[5] No activity, materials, goods, or equipment incidental to the home occupation shall be externally visible.

[6] Only one sign, not to exceed two square feet, nonilluminated and wall-mounted only, may be used to advertise a home occupation. Said sign shall not be located within a right-of-way, and shall be of an appearance that is harmonious with nearby residential areas.

[7] The use of the dwelling unit for a home occupation shall in no way be incompatible with the character of nearby residential areas.

[8] A minimum of two off-street parking spaces reserved for business use shall be provided on-site.

[9] In no instance shall a home occupation create a nuisance for neighboring properties.

[10] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations. Two-family and multifamily residences in residential districts, and residences in B-1, B-2, B-3, B-4, HMU, and O-1:

[1] Shall meet all additional special regulations in Subsection E(14)(b) above.

[2] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(15) On-site composting and wood piles. Description: includes all collection, storage, and processing of vegetation wastes and/or wood piles.

(a) Permitted by right: all districts.

[1] All facilities less than five cubic yards of compost or five full cords of wood.

[2] Shall not be located within the required front yard setback or street yard of the lot.

(b) Conditional use regulations: all districts.

[1] All facilities larger than five cubic yards of total collection, storage and processing area, and/or larger than five full cords of total collection and storage area. All such areas shall be located a minimum of five feet from all property lines.

[2] Shall not involve food scraps, other vermin-attracting materials, or rotted wood and shall be maintained in an attractive manner.

[3] Shall not be located within the required front yard setback or street yard of the lot.

[4] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(16) Indoor sales incidental to storage or light industrial land use. Description: these land uses include any retail sales activity conducted exclusively indoors, which is incidental to a principal land use such as warehousing, wholesaling or any light industrial land use on the same site.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: HMU, M-1, M-2, M-3.

[1] Adequate parking shall be provided for customers. Said parking shall be in addition to that required for customary light industrial activities.

[2] The total area devoted to sales activity shall not exceed 25% of the total area of the buildings on the property.

[3] Shall provide restroom facilities directly accessible from retail sales area.

[4] Retail sales area shall be physically separated by a wall from other activity areas.

[5] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: N/A.

(17) Migrant labor camp. Description: these land uses include any facility subject to the regulation of Wis. Stats., § 103.90.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: A-1, M-3.

[1] Shall be surrounded by a bufferyard with a minimum opacity of 0.80 along all property lines adjacent to all properties in residential or commercial zoning districts.

[2] Migrant labor camps shall be an accessory use to an active principal use, under the same ownership, which is located within the City of Edgerton.

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(18) Light industrial activities incidental to office. Description: these land uses include any light industrial, indoor storage, or wholesaling activity conducted exclusively indoors which is incidental to a principal land use such as office uses on the same site.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: O-1.

[1] The total area devoted to light industrial activity shall not exceed 15% of the total area of the buildings on the property or 5,000 square feet, whichever is less.

[2] Production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by § 450-42 for all adjacent properties.

[3] If the total area of indoor storage devoted to vehicle storage exceeds 50% of the principal building on the property, the indoor storage area is defined and regulated as indoor vehicle storage under Subsection H(5).

[4] Shall comply with § 450-16 procedures applicable to all conditional uses.

(19) Light industrial activities incidental to personal and professional service land use. Description: these land uses include any light industrial, indoor storage, or wholesaling activity conducted exclusively indoors which is incidental to a principal land use such as personal and professional service on the same site.

(a) Permitted by right: N/A.

(b) Permitted by right with special requirements: B-1, B-2, B-3, B-4, HMU.

[1] The total area devoted to light industrial activity shall not exceed 50% of the total area of the buildings on the property or 5,000 square feet, whichever is less.

[2] Production area shall be physically separated by a wall from the other activity areas.

[3] The light industrial use shall comply with the performance standards of this chapter and shall be soundproofed to the level required by § 450-42 for all adjacent properties.

[4] The products produced by the light industrial use are sold on the premises and not sold in any other location.

[5] Applicant shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: B-1, B-2, B-3, B-4, HMU.

[1] The total area devoted to light industrial activity shall not exceed 50% of the total area of the buildings on the property or 5,000 square feet, whichever is less.

[2] Production area shall be physically separated from the other activity areas within the building. If the light industrial use is intended to be viewed by patrons, the uses shall be separated to adequately protect patrons.

[3] Light industrial uses shall comply with the performance standards of this chapter and in particular shall be soundproofed to the level required by § 450-42 for all adjacent properties.

[4] Applicant shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(20) Family day care home (four to eight children). Description: family day care homes are occupied residences in which a qualified person or persons provide child care for four to eight children. The care of less than four children is not subject to the regulations of this chapter.

(a) Permitted by right: R-1, R-2, R-3, R-4.

(b) Permitted by right with additional special regulations: N/A.

(c) Conditional use regulations: N/A.

[1] State law reference: § 66.1017, Wis. Stats.

(21) Intermediate day care home (nine to 15 children). Description: intermediate day care homes are occupied residences in which a qualified person or persons provide child care for nine to 15 children.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special regulations: N/A.

(c) Conditional use regulations: R-1, R-2, R-3, R-4.

[1] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

[2] State law reference: § 66.1017, Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(22) Private residential stable. Description: a private residential stable is a structure facilitating the keeping of horses (or similar animals) on the same site as a residential dwelling.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special regulations: A-1.

[1] A minimum lot area of 175,000 square feet (four acres) is required for a private residential stable.

[2] A maximum of one horse per five acres of fully enclosed (by fencing and/or structures) area is permitted.

[3] Outdoor containments for animals shall be located a minimum of 25 feet from any residentially zoned property.

[4] The minimum permitted size of horse or similar animal stall shall be 100 square feet.

[5] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: N/A.

(23) Power-generating device incidental to on-site principal land use. Description: power-generating device producing 1 MW or less or emergency generators producing less than 3 MW that meet the exemption standards listed in § NR 406.04(1)(w), Wis. Adm. Code.

(a) Permitted by right: all districts.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: N/A.

(24) Drive-in, drive-up or drive-through land use incidental to on-site principal land use. Description: see § 450-33D(18), above.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-1, B-2, B-3, B-4, HMU, O-1.

[1] Shall comply with all conditions of Subsection D(18).

[2] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations. No additional spaces are required for an accessory drive-in, drive-up or drive-through land use.

(25) Outdoor premises/beer gardens. Description: outdoor premises/beer gardens shall mean an outdoor area on private property for the purpose of conducting outdoor sales and consumption of food and beverages. Outdoor premises/beer gardens are directly attached to the principal use structure and used daily or on a seasonal basis as part of the normal operations of the principal use. Outdoor premises/beer gardens do not include smoking area in which no food or beverage is sold or consumed.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: B-1, B-2, B-3, B-4, and HMU for establishments that do not serve alcohol.

[1] No permit shall be issued for an outdoor premises/garden if any part of the outdoor service area is within 100 feet of a residentially zoned property.

[2] Outdoor premises/gardens cannot be located in a right-of-way.

[3] No permit shall be issued for an outdoor premises/garden if the area is greater than 50% of the gross floor area of the principal use structure. The City Council upon recommendation of the Plan Commission may waive size requirements.

[4] The flooring of the outdoor premises/garden shall be constructed with a hard surface, such as decking material, concrete or paver brick.

[5] It shall be the responsibility of the operator to daily cleanup adjoining property of all debris that originates from the outdoor premises/garden.

[6] The outdoor premises/garden shall only be used for the purpose of serving food and beverages and no part of said area shall be used for recreational activities, including, but not limited to, volleyball or horseshoes.

[7] Noise from any source that is emitted from the outdoor area shall not exceed limitations provided in the City of Edgerton Code. Amplified sound or live music is not permitted after 9:00 p.m. in the B-1, B-3, and B-4 Zoning Districts and not after 10:00 p.m. in the B-2 and HMU Districts. This section shall not be construed to limit the authority of the Police Department to respond to nuisance noise complaints and to take appropriate action in response thereto during any hours. Also see § 450-42 for land use noise regulations.

[8] Three or more noise complaints filed and verified by the Edgerton Police Department against the owner of an outdoor premises/garden during any twelve-month period shall constitute sufficient grounds to revoke the outdoor premises/garden permit granted under this section.

[9] All outdoor premises/gardens shall be sufficiently lighted to ensure the safety of patrons at all times when any patrons shall be therein and at all times when the outdoor premises/garden is open to the public. Lighting of the area must be shielded and not be of intensity or brilliance to create glare which is distracting to adjoining property owners or can become a hazard or danger to vehicular traffic.

[10] In no event shall the outdoor premises/garden reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 450-37. If the number of provided parking stalls on the property is already less than the requirement, such outdoor premises/garden area shall not further reduce the number of parking stalls already present.

[11] Shall comply with § 450-17 standards and procedures applicable to all special uses.

(c) Parking regulations. No additional spaces are required for an outdoor premises/garden.

(d) Conditional use regulations: B-1, B-2, B-3, B-4, and HMU for establishments that serve alcohol.

[1] No permit shall be issued for an outdoor premises/beer garden if any part of the outdoor service area is within 100 feet of a residentially zoned property.

[2] Outdoor premises/beer gardens cannot be located in a right-of-way.

[3] No permit shall be issued for an outdoor premises/beer garden if the area is greater than 50% of the gross floor area of the principal use structure. The City Council upon recommendation of the Plan Commission may waive size requirements.

[4] The outdoor premises/beer garden shall be attached to the principal use structure, and access to the outdoor premises/beer garden shall only be allowed through the main building entrance and exit, exclusive of emergency exits not generally used for entrance and exit, and through a fenced and controlled entrance and exit. The Plan Commission shall define a controlled entrance or exit for each conditional use permit based on the site conditions. All outdoor premises/beer garden areas shall comply with building and fire codes including exiting regulations.[3]

[3] Editor's Note: See also Ch. 192, Building Construction.

[5] Every outdoor premises/beer garden shall be completely surrounded by a well-maintained wall, fence or barrier at least four feet in height. It is the nature of fencing as well as other measures and barriers to provide control over the operation of the outdoor premises/beer garden by prohibiting or significantly restricting the ease in which alcoholic beverages may be passed from within the outdoor premises/beer garden to anyone outside the outdoor premises/beer garden. Fencing requirements may be waived at the discretion of the City Council upon recommendation of the Plan Commission.

[6] The flooring of the outdoor premises/beer garden shall be constructed with a hard surface, such as decking material, concrete or paver brick.

[7] It shall be the responsibility of the operator to daily cleanup adjoining property of all debris that originates from the outdoor premises/beer garden.

[8] The outdoor premises/beer garden shall only be used for the purpose of serving food and beverages and no part of said area shall be used for recreational activities, including, but not limited to, volleyball or horseshoes.

[9] Noise from any source that is emitted from the outdoor area shall not exceed limitations provided in the City of Edgerton Code. Amplified sound or live music is not permitted after 9:00 p.m. in the B-1, B-3, and B-4 Zoning Districts and not after 10:00 p.m. in the B-2 and HMU Districts. This section shall not be construed to limit the authority of the Police Department to respond to nuisance noise complaints and to take appropriate action in response thereto during any hours. For additional noise regulations for all land uses see § 450-42 and for alcohol licensed establishments see § 167-8E.

[10] Three or more noise complaints filed and verified by the Edgerton Police Department against the owner of an outdoor premises/beer garden during any twelve-month period shall constitute sufficient grounds to revoke the outdoor premises/beer garden permit granted under this section, subject to a public hearing conducted in accordance with this chapter.

[11] All outdoor premises/beer gardens shall be sufficiently lighted to ensure the safety of patrons at all times when any patrons shall be therein, and at all times when the outdoor premises/beer garden is open to the public. Lighting of the area must be shielded and not be of intensity or brilliance to create glare which is distracting to adjoining property owners or can become a hazard or danger to vehicular traffic.

[12] In no event shall the outdoor premises/beer garden reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 450-37. If the number of provided parking stalls on the property is already less than the requirement, such outdoor premises/beer garden area shall not further reduce the number of parking stalls already present.

[13] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(e) Parking regulations: no additional spaces are required for an outdoor premises/beer garden.

(26) Husbandry. Description: husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (as defined in § 450-10) per acre where the husbandry activities are not the principal use of the property. Apiaries (beekeeping) are considered husbandry land uses.

[Amended 2-15-2021 by Ord. No. 21-03; 4-1-2024 by Ord. No. 24-05]

(a) General regulations not including apiaries, ducks and chickens.

[1] Permitted by right: N/A.

[2] Permitted by right with additional special requirements: N/A.

[3] Conditional Use Regulations: A-1.

[a] Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property, and 100 feet from all other lot lines.

[b] All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 10 feet from any residentially zoned property.

[c] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

[4] Parking Regulations: One space per employee on the largest work shift.

(b) Regulations for apiaries only.

[1] Permitted by right: N/A.

[2] Permitted by right with additional special requirements: all districts.

[a] No bees shall be intentionally kept and maintained other than honeybees.

[b] No hive shall exceed 20 cubic feet in volume.

[c] No more than six hives may be kept on a zoning lot.

[d] No hive shall be located closer than 10 feet from any property line or right-of-way or 25 feet from a principal building on an abutting lot in different ownership.

[e] An ever-present supply of water shall be provided for all hives.

[f] A flyway barrier at least six feet in height shall shield any part of a property line of a zoning lot in different ownership that is within 25 feet of a hive. The flyway barrier must effectively direct bees to fly up and over the barrier when flying in the direction of the barrier. The flyway barrier shall consist of a wall, fence, dense vegetation or combination thereof, and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded. The barrier shall further comply with any applicable fence regulations contained in this chapter.

[g] Every owner of a hive shall obtain a license for such hive prior to establishing a hive and annually thereafter. There will be a fee as set by the City Council in the current Fee Schedule for said license, on file in City Hall. Hive licenses are required to be renewed by March 31 every year. License renewal payments received after the March 31 deadline will be subject to a late fee as set by City Council in addition to any applicable license fees.

[Amended 7-17-2023 by Ord. No. 23-10]

[h] Shall comply with § 450-17 standards and procedures applicable to all special uses.

[3] Conditional use regulations: N/A.

[4] Parking regulations: one space per employee on the largest work shift.

(c) Regulations for chicken and duck keeping only.

[1] Permitted by right: N/A.

[2] Permitted by right with additional special requirements: For chicken and duck keeping only: R-1, R-2, R-3 and R-4.

[a] No more than a combined total of six chickens or ducks on a lot containing a single-family dwelling only; keeping of ducks and chickens is not allowed on residential lots containing two or more dwelling units.

[b] Keeping of roosters is prohibited.

[c] Ducks must be flightless.

[d] Slaughter of chickens or ducks is prohibited on site.

[e] The chickens and ducks shall be provided with a structurally sound covered enclosure and an attached fenced enclosure. Chickens and ducks must be kept in the covered enclosure or an attached fence enclosure at all times. The enclosures must be maintained in good repair and kept free from rodents and other vermin. The fence of the enclosure shall be of sufficient opacity or webbing to contain a chicken or duck.

[f] The covered and the fenced enclosures shall be located in a rear yard only. The covered enclosure shall be a minimum of 25 feet from any residential structure on any adjacent lot.

[g] The total area of the covered and fenced enclosure shall not exceed 75 square feet except when the rear yard of the property is fenced in which case the rear yard can serve as the fenced enclosure. If the fenced enclosure also serves as a rear yard fence, the rear yard fence shall be 100% opaque. The total area of the covered enclosure shall be a minimum of four square feet per chicken or duck. The total area of the fenced enclosure must be a minimum of six square feet per chicken or duck. The covered enclosure is not considered an accessory structure as defined in § 450-33E(4).

[h] Neither chickens nor ducks shall be allowed to be kept within a residential dwelling or garage.

[i] Any electrical work requires an electrical permit through the building inspection department.

[j] Prior to the establishment of the use and prior to work commencing on the enclosure, a permit must be issued, an inspection must be completed, and the improvements must be found to be satisfactory.

[k] Shall comply with § 450-17, standards and procedures applicable to all special uses.

[3] Conditional use regulations: N/A.

(27) Vehicle repair and maintenance incidental to indoor sales and service land use. Description: vehicle repair and maintenance services include all land uses that perform maintenance services (including repair) to motorized vehicles and contain all operations (except vehicle storage) within an enclosed building. This land use is allowed as an accessory land use which is incidental to a principal land use of indoor sales and service.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-1.

[1] The total area devoted to vehicular repair and maintenance land uses shall not exceed 50% of the total area of the buildings on the property.

[2] Storage of abandoned vehicles shall be prohibited.

[3] All repair and maintenance activities must take place in an enclosed building.

[4] No vehicle or parts of vehicles can be stored on a public street, in a public parking lot, or on a sidewalk.

[5] No containers of auto fluids or auto parts can be stored outside of a principal or accessory structure.

[6] No venting or exhaust fans shall be located on the exterior of the building abutting residentially zoned property or facing the street frontage.

[7] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per 300 square feet of gross floor area. No more than 50% of the available parking stalls can be utilized for the vehicular repair and maintenance services land uses.

(28) Pickup window land use. Description: pickup window land use includes all uses that have a service window where an order is placed prior to the patron entering the pickup window queue. Orders for service may not take place at the pickup window. Such land uses often have traffic volumes that exhibit their highest levels concurrent with peak traffic flows on adjacent roads.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-1, B-2, B-3, B-4, HMU, O-1.

[1] Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the pickup lane(s).

[2] The pickup window facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.

[3] In no instance shall a pickup window facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.

[4] The setback of any overhead canopy or similar structure shall be a minimum of 10 feet from all street rights-of-way lines, a minimum of 20 feet from all residentially zoned property lines, and shall be a minimum of five feet from all other property lines. The total height of any overhead canopy of similar structure shall not exceed 20 feet as measured to the highest part of the structure.

[5] All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material that is designed to meet the requirements of a minimum four ton axle load.

[6] Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (§ 450-76).

[7] Interior curbs shall be used to separate driving areas from exterior fixtures such as canopy supports and landscaped islands. Said curbs shall be a minimum of six inches high and be of a nonmountable design.

[8] Shall provide parking stalls and signage for two off-street parking stalls on the property for customers waiting for orders.

[9] A sign be provided at the drive entrance indicating orders will not be taken at the window.

[10] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations. Each pickup lane shall have a minimum stacking length to allow two cars to stack behind a car at the service window and one car beyond the service window. These requirements may be waived by the Plan Commission for businesses in the B-2 District, following a request from the applicant.

(29) Electric vehicle charging stations. Description: electric vehicle charging stations are parking spaces that are equipped with and served by electric vehicle supply equipment for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.

[Added 5-2-2022 by Ord. No. 22-04]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: all districts (Level 1 and 2).

[1] Electric vehicles may be parked in any space designated for parking, subject to the restrictions that apply to any other vehicle.

[2] Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.

[3] Property owners are not restricted from collecting a service fee for the use of an electric vehicle charging station.

[4] 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.

[5] Public electric vehicle charging stations must be posted with signage 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.

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

[7] Shall comply with § 450-17, standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: B-1, B-2, B-3, B-4, M-1, M-2, M-3, O-1, HMU (Level 3).

[1] Electric vehicles may be parked in any space designated for parking, subject to the restrictions that apply to any other vehicle.

[2] Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.

[3] Property owners are not restricted from collecting a service fee for the use of an electric vehicle charging station.

[4] 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.

[5] Public electric vehicle charging stations must be posted with signage 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.

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

[7] Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

(30) Outdoor storage incidental to light industrial. Description: Outdoor storage is any activity beyond loading and parking which is located outdoors. Examples of items included as outdoor storage incidental to light industrial include raw materials used in principal light industrial land use and finished products manufactured by the light industrial land use. Such land uses do not include the storage of inoperative vehicles or equipment, off-site parking of vehicles, or other materials typically associated with a junkyard or salvage yard. [See Subsection G(4) below.]

[Added 1-20-2023 by Ord. No. 23-23]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-1.

[1] All outdoor storage shall be screened by any permitted combination of buildings, structures, walls, landscaping and fencing. Such landscaping, walls and fencing shall be designed to screen all stored materials from view by providing a bufferyard having a minimum opacity of 0.3, except for storage adjacent to residential areas and streets which shall provide a bufferyard with a minimum opacity of 1.00. (See § 450-76.)

[2] Outdoor storage area shall not exceed 25% of gross floor area of principal building on the site.

[3] The storage of items shall not be permitted in the following: permanently protected green space areas, required landscaped areas, or required bufferyards. (See § 450-74.)

[4] All outdoor storage shall comply with the setback requirements of accessory structures unless otherwise specified in this section.

[5] Outdoor storage shall not exceed 20 feet in height.

[6] In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 450-37. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.

[7] Outdoor storage areas shall be paved with a hard, all-weather surface such as asphalt or concrete, not stabilized limestone or gravel.

[8] Materials being stored shall not interfere in any manner with either on- or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

[9] See § 450-39F for recreational equipment standards.

[10] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

F. Temporary land uses.

(1) Contractor's project office. Description: includes any structure containing an on-site construction management office for an active construction project.

(a) Temporary use regulations: all districts.

[1] Structure shall not exceed 2,000 square feet in gross floor area.

[2] Facility shall be removed within 10 days of issuance of occupancy permit.

[3] Shall not be used for sales activity. [See Subsection F(4) of this section.]

[4] Projects requiring said land use to be in place for more than 365 days shall require a conditional use permit.

[5] Shall comply with § 450-18 standards and procedures applicable to all temporary uses.

(2) Contractor's on-site equipment storage facility. Description: includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project.

(a) Temporary use regulations: all districts.

[1] Facility shall be removed within 10 days of issuance of occupancy permit.

[2] Projects requiring said land use to be in place for more than 365 days shall require a conditional use permit.

[3] Shall be limited to a maximum area not exceeding 10% of the property's gross site area.

[4] Shall comply with § 450-18 standards and procedures applicable to all temporary uses.

(3) Relocatable building. Description: includes any manufactured building which serves as a temporary building for less than six months. (Facilities serving for more than six months shall be considered conditional uses and subject to the general standards and procedures presented in § 450-16.)

(a) Temporary use regulations: B-1, B-2, B-3, B-4, M-1, M-2, M-3, HMU, O-1.

[1] Shall conform to all setback regulations.

[2] Shall conform to all building code regulations.[4]

[4] Editor's Note: See also Ch. 192, Building Construction.

[3] Shall comply with § 450-18 standards and procedures applicable to all temporary uses.

(4) On-site real estate sales office. Description: includes any building that serves as an on-site sales office for a development project.

(a) Temporary use regulations: all districts.

[1] Structure shall not exceed 5,000 square feet in gross floor area.

[2] Facility shall be removed or converted to a permitted land use within 10 days of the completion of sales activity.

[3] Signage shall comply with the requirements for temporary signs in § 450-64.

[4] Projects requiring said land use to be in place for more than 365 days shall require a conditional use permit.

[5] Shall comply with § 450-18 standards and procedures applicable to all temporary uses.

(5) General temporary outdoor sales. Description: includes the display of any items outside the confines of a building which is not otherwise permitted as a permitted, special, or conditional use, or a special event otherwise regulated by the City of Edgerton City Code. Examples of this land use include but are not limited to tent sales and bratwurst stands. Garage sales are exempt from the provisions of this chapter but shall comply with the requirements of the City of Edgerton City Code.

(a) Temporary use regulations: B-1, B-2, B-3, B-4, HMU.

[1] Display shall be limited to a maximum of 14 days in any calendar year.

[2] Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

[3] Signage shall comply with the requirements for temporary signs in § 450-64.

[4] Adequate parking shall be provided.

[5] If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

[6] The applicant has written permission of the property owner or tenant.

[7] Shall comply with § 450-18 standards and procedures applicable to all temporary uses.

(6) Seasonal outdoor sales of products. Description: includes any outdoor display of products not otherwise regulated by the City of Edgerton Code. Examples of this land use include but are not limited to seasonal garden shops and the display of farm products.

(a) Temporary use regulations: A-1, B-1, B-2, B-3, B-4, HMU, M-1, M-2.

[1] Display shall be limited to a maximum of 120 days in any calendar year.

[2] Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

[3] Signage shall comply with the requirements for temporary signs in § 450-64.

[4] Adequate parking shall be provided.

[5] If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

[6] Shall comply with § 450-18 standards and procedures applicable to all temporary uses.

(7) Outdoor assembly. Description: includes any organized outdoor assembly of more than 100 persons.

(a) Temporary use regulations: all districts.

[1] Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

[2] Signage shall comply with the requirements for temporary signs.

[3] Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the application.

[4] If subject property is located adjacent to a residential area, activities shall be limited to daylight hours.

[5] Adequate provisions for crowd control shall be made, and shall be described within the application.

[6] Shall comply with § 450-18 standards and procedures applicable to all temporary uses.

G. Storage or disposal land uses.

(1) Indoor storage or wholesaling. Description: indoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 450-33E(16), above.

(a) Permitted by right: M-1, M-2, M-3.

(b) Permitted by right with additional special requirements: HMU.

[1] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: B-3.

[1] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per 2,000 square feet of gross floor area.

(2) Outdoor storage or wholesaling. Description: outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses operating on the site. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, coal yards, landscaping materials yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, off-site parking of vehicles, or other materials typically associated with a junkyard or salvage yard. [See Subsection G(4) below.]

[Amended 5-1-2023 by Ord. No. 23-09]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: M-2, M-3, HMU.

[1] All outdoor storage that is adjacent to residential areas shall be completely enclosed by any permitted combination of buildings, structures, walls and fencing. Such walls and fencing shall be designed to screen all stored materials from view from residential areas at an elevation of five feet above the grade of the residential properties providing a bufferyard with a minimum opacity of 0.60 (see § 450-76).

[2] The storage of items shall not be permitted in permanently protected green space areas (see § 450-74).

[3] The storage of items shall not be permitted in required frontage landscaping or bufferyard areas.

[4] In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 450-37. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.

[5] Outdoor storage areas shall be paved with a hard, all-weather surface such as asphalt, concrete or stabilized limestone except in the HMU District where outside areas in the HMU District cannot be surfaced with stabilized limestone, gravel or other similar material.

[6] Materials being stored shall not interfere in any manner with either on- or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

[7] Inoperative vehicles or equipment, or other items typically stored in a junkyard or salvage yard, shall not be stored under the provisions of this land use.

[8] All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.

[9] See § 450-39F for recreational equipment standards.

[10] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: N/A.

(d) Parking regulations: one space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift.

(3) Personal storage facility. Description: personal storage facilities are land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as "mini warehouses."

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-3, HMU, M-2.

[1] Facility shall be designed so as to minimize adverse visual impacts on nearby developments. The color, exterior materials, and orientation of proposed buildings and structures shall complement surrounding development.

[2] Facility shall provide a bufferyard with a minimum opacity of 0.80 along all property borders abutting residentially zoned property (see § 450-76).

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

[4] No electrical power shall be run to the storage facilities.

(d) Parking regulations: one space for each employee on the largest work shift.

(4) Junkyard or salvage yard. Description: junkyard or salvage yard facilities are any land or structure used for a salvaging operation, including but not limited to the aboveground, outdoor storage and/or sale of wastepaper, rags, scrap metal, and any other discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-3.

[1] Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 450-76).

[2] All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.

[3] In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

[4] Shall not involve the storage, handling or collection of hazardous materials.

[5] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space for every 20,000 square feet of gross storage area, plus one space for each employee on the largest work shift.

(5) Waste disposal facility. Description: waste disposal facilities are any areas used for the disposal of solid wastes including those defined by § 289.01(33), Wis. Stats., but not including composting operations [see Subsection G(6) below].

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-3.

[1] Shall comply with all county, state and federal regulations.

[2] Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 450-76).

[3] All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.

[4] Operations shall not involve the on-site holding, storage or disposal of hazardous materials in any manner.

[5] Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110% of the costs determined to be associated with said restoration (as determined by a third party selected by the City), shall be filed with the City by the petitioner (subject to approval by the City Administrator), and shall be held by the City for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for waste disposal facilities owned by public agencies.) State law reference: Chapter 289, Subchapter IV, Wis. Stats.

[6] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space for each employee on the largest work shift.

(6) Composting operation. Description: composting operations are any land uses devoted to the collection, storage, processing and/or disposal of vegetation.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-3.

[1] Shall comply with all county, state and federal regulations.

[2] Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property occupied by nonagricultural land uses (see § 450-76).

[3] All buildings, structures, and activity areas shall be located a minimum of 100 feet from all lot lines.

[4] No food scraps or other vermin-attracting materials shall be processed, stored or disposed of on-site.

[5] Operations shall not involve the on-site holding, storage or disposal of hazardous wastes as defined by state statutes in any manner.

[6] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space for each employee on the largest work shift.

(7) Polystructure. Description: a polystructure is a freestanding enclosure not regulated by the building codes[5] intended for storage having a frame of steel or other material that is covered with plastic, polyurethane, vinyl, canvas, other flexible sheeting material, or sheet metal, which may or may not have sides. Polystructures do not include utility sheds or screen houses that are not used for storage.

(a) Temporary use regulations: R-1, R-2, R-3, R-4.

[1] Shall be limited to a maximum of 10 days in any calendar year.

[2] Shall conform with the accessory building setback requirements.

[3] Material covering the polystructure shall be well-secured so as to not be free to flutter and shall be free of tears.

[4] Cannot be located in a front or street side yard.

[5] Polystructures utilized for more than 10 days but less than six months in a twelve-month period shall be considered a special use and shall be subject to the general standards and procedures presented in § 450-17.

[6] Shall comply with § 450-18 standards and procedures applicable to all temporary uses.

(b) Temporary use regulations: A-1, B-1, B-2, B-3, B-4, O-1, HMU, M-1, M-2, M-3.

[1] Shall be considered a conditional use and shall be subject to the general standards and procedures presented in § 450-16.

[2] Shall conform with the accessory building setback requirements.

[3] Material covering the polystructure shall be well secured so as to not be free to flutter and shall be free of tears.

[4] Cannot be located in a front or street side yard.

[5] Shall not be rented as a storage facility or any other use.

[6] Shall not be installed for more than 12 months in any three-year period.

[7] No more than five polystructures shall be located on a property at one time.

[5] Editor's Note: See also Ch. 192, Building Construction.

H. Transportation land uses.

(1) Off-site parking lot. Description: Off-site parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed and operative.

[Amended 5-1-2023 by Ord. No. 23-09]

(a) Permitted use regulations: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-2, B-3, HMU, M-2, M-3.

[1] Access to an off-site parking lot shall be from a collector or arterial street whenever possible.

[2] Access and vehicular circulation shall be designed so as to discourage cut-through traffic.

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: no requirement.

(2) Airport/heliport. Description: airports and heliports are transportation facilities providing takeoff, landing, servicing, storage and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this chapter shall occur only in conjunction with an approved airport or heliport.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-1, M-2, M-3.

[1] All buildings, structures, outdoor airplane or helicopter storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.

[2] Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property not otherwise completely screened from activity areas by buildings or structures (see § 450-76).

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per each employee on the largest work shift, plus one space per every five passengers based on average daily ridership.

(3) Freight terminal. Description: freight terminals are defined as land and buildings representing either end of one or more truck carrier line(s) which may have some or all of the following facilities yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities, principally serving several or many businesses and always requiring transshipment.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-3.

[1] Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 450-76).

[2] All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.

[3] In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

[4] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per each employee on the largest work shift.

(4) Distribution center. Description: distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 450-33E(16) above.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-1, M-2, M-3.

[1] Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 450-76).

[2] All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.

[3] In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

[4] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per each employee on the largest work shift.

(5) Indoor vehicle storage. Description: indoor vehicle storage facilities are detached vehicle storage buildings for nonresidential purposes and shall be considered a principal use building if it is the only structure located on the lot. It shall also be considered a principal use building and regulated as a conditional use if it is larger than and located on the same lot as another principal use structure. If the indoor vehicle storage facility smaller than and located on the same lot as another principal use, it shall be regulated as detached private garage, carport, or utility/storage shed under § 450-33E(4).

(a) Permitted by right: B-3, M-2, M-3.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: B-1, B-2, B-4, M-1, HMU, A-1.

[1] Indoor Vehicle Storage Facilities larger than the floor area of the first floor of the principal use structure on the lot and located on the same lot as another principal use building.

[2] All activities shall be conducted entirely within the confines of the building.

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

I. Industrial land uses.

(1) Light industrial land use. Description: light industrial land uses are industrial facilities at which all operations (with the exception of loading operations): 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; 3) do not pose a significant safety hazard (such as danger of explosion); and 4) comply with all of the performance standards listed for potential nuisances. Light industrial land uses may conduct retail sales activity as an accessory use, provided that the requirements of § 450-33E(16) above, are complied with. All activities, except loading and unloading, shall be conducted entirely within the confines of a building.

(a) Permitted by right: M-1, M-2, M-3.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: HMU.

[1] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per each employee on the largest work shift.

(2) Heavy industrial land use. Description: heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; and 3) do not pose a significant safety hazard (such as danger of explosion). More specifically, heavy industrial land uses are industrial land uses that may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers) including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials. Heavy industrial does not include combustion power generation facilities and noncombustion power-generating facilities.

[Amended by Ord. No. 01-11]

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: M-3.

[1] Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting properties that are not zoned manufacturing (see § 450-76).

[2] All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned property. No materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.

[3] Shall comply with § 450-17 standards and procedures applicable to all uses permitted by right with special requirements.

(c) Conditional use regulations: M-2.

[1] Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting properties that are not zoned manufacturing (see § 450-76).

[2] All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned property. No materials shall be stacked or otherwise stored so as to be visible from residentially zoned properties over bufferyard screening elements.

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per each employee on the largest work shift.

(3) Communication tower. Description: communication towers include all freestanding broadcasting, receiving, or relay structures, and similar principal land uses, and any office, studio or other land uses directly related to the function of the tower.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use requirements: M-2, M-3, A-1.

[1] Tower shall be located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property.

[2] The installation and continued maintenance of a bufferyard with a minimum opacity of 0.80 along property borders abutting residentially zoned property (see § 450-76).

[3] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per employee on the largest work shift.

(4) Extraction use. Description: extraction uses include and land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities.

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-3.

[1] Shall receive approval from Rock County prior to action by the City of Edgerton, and shall comply with all county, state and federal regulations.

[2] Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 450-76).

[3] All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.

[4] Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110% of the costs determined to be associated with said restoration (as determined by a third party selected by the City), shall be filed with the City by the petitioner (subject to approval by the Zoning Administrator), and shall be held by the City for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for waste disposal facilities owned by public agencies.)

[5] Shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(d) Parking regulations: one space per each employee on the largest work shift.

(5) Combustion power-generating facility under 100 MW. Description: combustion power-generating facility under 100 MW land uses include any facility, plant, factory, machinery, equipment or device that is capable of generating less than 100 MW of electric power or several such devices in one development that in total are capable of generating less than 100 MW of electrical power by using a combustion process. Examples of combustion processes include the burning of gas, coal, ethanol, wood, nuclear, etc., to produce electricity. NOTE: the adoption of this chapter reflects the formal finding of fact on the part of the City of Edgerton Plan Commission and Edgerton City Council that regulation of combustion power-generating facilities through the Planned Development process furthers governmental interests by requiring a thorough review of this intensive and very complex land use to ensure the use is in harmony with the goals of the City of Edgerton Master Plan. Combustion power-generating facilities capable of generating 100 MW or more are regulated in § 450-33I(6). Power-generating devices producing 1 MW or less or emergency generators producing less than 3 MW that meet the exemption standards listed in § NR 406.04(1)(w), Wis. Adm. Code, are regulated as power-generating device incidental to on-site principal land use [see § 450-33E(23)].

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: N/A.

(d) Planned development regulations:

[1] Applicant must comply with all building codes regarding noise, vibration, venting, etc.[6]

[6] Editor's Note: See also Ch. 192, Building Construction.

[2] City must complete a cost benefit analysis to include such things as job creation, environmental impacts, and impacts on tax, water rates and sewer rates.

[3] City must evaluate the aesthetics of the proposed power-generating facility. Upon completion of the evaluation of the aesthetics, the City must conclude that the potential public benefit of the proposed use outweighs any and all potential adverse impacts of the proposed use, as identified in § 450-16D(3)(a) through (f) of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[4] City must evaluate impacts on surface water and groundwater quality and quantity and the applicant must obtain the following permits if required by the approving agency: local erosion control approval, construction site stormwater discharge permit; wastewater discharge permit; industrial stormwater discharge permit. Applicable state statutes include but are not limited to Wis. Stats., Chs. 238, 281, and 160. Applicable Wisconsin Administrative Code chapters include but are not limited to Chs. NR 102 to 106, NR 140, NR 200 to 219, NR 290. Upon completion of the evaluation of the groundwater impacts, the City must conclude that the potential public benefit of the proposed use outweigh any and all potential adverse impacts of the proposed use, as identified in § 450-16D(3)(a) through (f) of the City of Edgerton Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[5] City must evaluate impacts on air quality. A combustion power-generating device cannot produce more than 250 ton per year of any criteria pollutant as defined in Wisconsin Administrative Code and must comply with all aspects of Wis. Adm. Code, Chs. 400 to 490. Upon completion of the evaluation of the air quality, the City must conclude that the potential public benefit of the proposed use outweigh any and all potential adverse impacts of the proposed use, as identified in § 450-16D(3)(a) through (f) of the City of Edgerton Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[6] Petitioner must demonstrate that the development will not adversely impact the water and sewer utilities. Petitioner must sign a separate water and sewer agreement if public utilities are involved. Upon completion of the evaluation of the impacts on public utilities, the City must conclude that the potential public benefit of the proposed use outweigh any and all potential adverse impacts of the proposed use, as identified in § 450-16D(3)(a) through (f) of the City of Edgerton Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[7] Petitioner must develop an adequate safety plan to ensure adequate safety services available.

[8] Petitioner must sign an agreement regarding decommissioning.

[9] Petitioner must sign an agreement to pay the City at least the level of state revenues based on law at the time of approval even if changes in state law reduce the economic benefits to the community.

[10] Approval of a power-generating facility requires two-thirds majority vote of Council.

[11] Applicant must pay the City's professional services fees associated with evaluation of the project.

[12] The City may rely on the authority granted in § 66.0415, Wis. Stats., to regulate power generation facilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[13] Applicant shall comply with Article V, Performance Standards.

[14] Applicant shall comply with § 450-16 standards and procedures applicable to all conditional uses.

(6) Combustion power generation facility 100 MW or more.

(a) Description. Combustion power-generating facility land uses include any facility, plant, factory, machinery, equipment or device that is capable of generating 100 MW or more of electric power by using a combustion process or several such devices located in one development that in total are capable of generating 100 MW or more of electrical power by using a combustion process. Examples of combustion processes include the burning of gas, coal, ethanol, wood, nuclear, etc., to produce electricity.

(b) Notwithstanding any other provision of law or ordinance and pursuant to § 62.23, Wis. Stats., the construction, operation, and maintenance of a combustion power-generating facility 100 MW or more is prohibited in all zoning district of, and anywhere within, the corporate limits of the City of Edgerton, and on any property owned, leased by or controlled by the City of Edgerton. Additionally, the City of Edgerton may not by extraterritorial zoning under § 62.23, Wis. Stats., authorize the construction, operation, or maintenance of a power generation facility in any unincorporated area which lies within the City of Edgerton's extraterritorial jurisdiction.

(c) Note: the incorporation of this subsection into this chapter is designed to reflect the City Council's official finding that combustion power-generating facilities 100 MW or more are contrary to the objectives of the Master Plan due to the significant environmental impact a facility of this size would have. Specifically, the Council is concerned with the air quality degradation for the following reasons: the difficulty in establishing a site for a facility with sufficient distance from residences, parks, schools, the hospital and because Rock County is a nonattainment area for ozone. The Council also has concern for the impact this type of facility would have on water resources because the City cannot provide enough wastewater outflow for cooling due to the size of the WWTP as could be done in larger communities. Due to the lack of a large industrial section in the community, the aesthetics of a facility would be detrimental to preservation of property values. The Council has further concern for the ability of the community to provide suitable emergency services for a facility of this type.

(d) It is explicitly not the intent of this subsection to prohibit power production in the City. The City has adopted ordinances that provide for appropriately sized combustion power-generating facilities and alternative forms of power production because these forms of power generation are more appropriate for the City of Edgerton in regards to resource demands and impacts on a community the size of Edgerton. The objective of this subsection is to balance the need for power production with the need to implement the City's Master Plan and protect the character and integrity of commercial and residential neighborhoods. The City Council recognizes that changes such as significant technological advances are possible in the power production industry. To address these changes, the City Council hereby recognizes its existing adopted process in this chapter to reevaluate, and amend if appropriate, the zoning provisions as needed to better protect community health, safety and welfare. Prior to adopting a zoning ordinance amendment, the Plan Commission and City Council must evaluate and conclude that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed text amendment.

(e) Combustion power-generating facilities capable of generating less than 100 MW are regulated in § 450-33I(5). Power-generating devices producing 1 MW or less or emergency generators producing less than 3 MW that meet the exemption standards listed § NR 406.04(1)(w), Wis. Adm. Code, are regulated as power-generating device incidental to on-site principal land use [see § 450-33E(23)].

(7) Noncombustion power-generating facilities. Description: Noncombustion power-generating land uses include any facility, plant, factory, machinery or equipment or device that is capable of generating electric power by using noncombustible processes. Examples of noncombustible power-generating process are wind, geothermal, and solar/photovoltaic. Power-generating devices producing 1 MW or less or emergency generators producing less than 3 MW that meet the exemption standards listed § NR 406.04(1)(w), Wis. Adm. Code, are regulated as power-generating device incidental to on-site principal land uses [see § 450-33E(23)].

(a) Permitted by right: N/A.

(b) Permitted by right with additional special requirements: N/A.

(c) Conditional use regulations: M-1, M-2, M-3.

[1] Noncombustion power-generating device producing more than 1 MW.

[2] Applicant must comply with all building codes regarding noise, vibration, venting, etc.[7]

[7] Editor's Note: See also Ch. 192, Building Construction.

[3] City must complete a cost benefit analysis to include such things as job creation, environmental impacts, and impacts on taxes, water rates and sewer rates.

[4] City must evaluate aesthetics of the proposed power-generating facility. Upon completion of the evaluation of the aesthetics, the City must conclude that the potential public benefit of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use, as identified in § 450-16D(3)(a) through (f) of the City of Edgerton Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[5] City must evaluate impacts on surface water and groundwater quality and quantity and the applicant must obtain the following permits at a minimum if required by the approving agency: local erosion control approval, construction site stormwater discharge permit; wastewater discharge permit; industrial stormwater discharge permit. Applicable state statutes include but are not limited to Wis. Stats., Chs. 238, 281, and 160. Applicable Wisconsin Administrative Code chapters include but are not limited to Chs. NR 102 to 106, NR 140, NR 200 to 219, NR 290. Upon completion of the evaluation of the groundwater impacts, the City must conclude that the potential public benefit of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use, as identified in § 450-16D(3)(a) through (f) of the City of Edgerton Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[6] City must evaluate impacts on air quality. A noncombustion power-generating device cannot produce more than 250 ton per year of any criteria pollutant as defined by Wis. Stats. and Wis. Adm. Code. Upon completion of the evaluation of the air quality, the City must conclude that the potential public benefit of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use, as identified in § 450-16D(3)(a) through (f) of the City of Edgerton Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[7] Petitioner must demonstrate that the development will not adversely impact the water and sewer utilities. Petitioner must sign a separate water and sewer agreement if public utilities are involved. Upon completion of the evaluation of the impacts on public utilities, the City must conclude that the potential public benefit of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use, as identified in § 450-16D(3)(a) through (f) of the City of Edgerton Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[8] Petitioner must develop an adequate safety plan to ensure adequate safety services available.

[9] Applicant must pay the City's professional services fees associated with evaluation of the project.

[10] The City may rely on the authority granted to § 66.0415, Wis. Stats., to regulate power generation facilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[11] Applicant shall comply with Article V, Performance Standards.

[12] Applicant shall comply with § 450-16 standards and procedures applicable to all conditional uses.

J. Natural resource disruption and required mitigation standards.

(1) In all developments, certain areas may be required to be set aside as permanently protected green space. Permanently protected green space areas are protected natural resource areas and land needed to meet the minimum landscape surface ratio (LSR) requirement. Protected natural resources areas are areas included in a Natural Resource Protection Overlay Zoning District. Where such permanently protected green space or protected natural resources areas exist, and where the land use is also permitted per the land use regulations of the applicable conventional zoning district, the following regulations shall also be employed to establish land use regulations. All land uses listed in § 450-33A through I are prohibited in permanently protected green spaces and protected natural resources areas unless they are listed here.

(2) For all land uses, disruption to natural resource areas shall comply with the requirements of Chapter 442, Land Use, of the City Code, pertaining to drainage, grading and erosion control. All land uses located within permanently protected green space areas and protected natural resources areas shall comply with the following:

(a) Cultivation.

[1] Permitted as a conditional use: permanently protected green space areas outside Natural Resource Protection Overlay Zoning District.

[a] Permitted only if designated on the submitted site plan, and/or the recorded plat or certified survey as an "area that may be used for cultivation."

(b) Passive outdoor public recreational area.

[1] Permitted by right: all permanently protected green space areas.

[a] Limited to a twenty-foot-wide area in permanently protected natural resource areas. Permitted in other permanently protected green space areas without restriction.

[b] Nonnative vegetation shall not be permitted to spread into permanently protected natural resource areas beyond said twenty-foot-wide area.

(c) Active outdoor public recreational area.

[1] Permitted by right: permanently protected green space areas outside Natural Resource Protection Overlay Zoning District.

[a] Nonnative vegetation shall not be permitted to spread into permanently protected natural resource areas.

[2] Permitted as a conditional use: C-1.

(d) Outdoor institutional.

[1] Permitted by right: permanently protected green space areas outside Natural Resource Protection Overlay Zoning District.

[a] Nonnative vegetation shall not be permitted to spread into permanently protected natural resource areas.

(e) Golf course.

[1] Permitted by right: permanently protected green space areas outside Natural Resource Protection Overlay Zoning District.

[a] Nonnative vegetation shall not be permitted to spread into permanently protected natural resource areas.

[2] Permitted as a conditional use: all permanently protected natural resource areas.

[a] Only disturbance associated with the care of native vegetation is permitted. Natural resource areas that are located within or adjacent to golf play areas shall be incorporated into the course design as out-of-bounds play hazards, and shall be maintained in their natural state.

(f) Any permitted temporary use.

[1] Permitted by right: permanently protected green space areas outside Natural Resource Protection Overlay Zoning District.

[a] Activity shall in no manner encroach upon permanently protected natural resources areas. Party securing the temporary use permit shall be responsible for restoring all such natural resource areas to an undamaged state, or shall be considered in violation of the provisions of this section.

(g) Drainage structure. Permitted as a conditional use: all permanently protected green space areas.

[1] Structure shall be deemed necessary by the City Engineer.

[2] Natural vegetation shall be restored in disturbed areas.

(h) Filling. Permitted as a conditional use: all permanently protected green space areas.

[1] Filling in the C-1 Overlay District shall be done only as required by a necessary road, bridge, utility, or other infrastructure facility which has been deemed necessary by the Department of Public Works and in accordance with Chapter 405, Floodplain Regulation, and Chapter 435, Shoreland-Wetland Zoning, of the Code.

[2] Natural vegetation shall be restored in disturbed areas.

[3] In no instance shall filling raise the base flood elevation.

(i) Individual septic disposal system. Permitted as a conditional use: permanently protected green space areas outside Natural Resource Protection Overlay Zoning District.

[1] Shall not be located closer than 30 feet to any other permanently protected natural resource area.

(j) Road and/or bridge permitted as a conditional use: all permanently protected green space areas.

[1] May locate in or across a permanently protected natural resource areas only in conjunction with a boat landing, or when deemed essential by the Department of Public Works.

[2] May locate in other permanently protected green space areas if designed to provide an essential service to an activity area located within the green space area that cannot be efficiently reached from another point.

[3] Road networks shall be designed to circumvent permanently protected green space areas, thereby eliminating the need for intrusions and crossings.

(k) Utility lines and related facilities. Permitted as a conditional use: all permanently protected green space areas.

[1] May locate in or across a permanently protected natural resource area only when deemed essential by the Department of Public Works.

[2] May locate in other permanently protected green space areas if designed to provide an essential service to an activity area located within the green space area that cannot be efficiently reached from another point.

[3] In general, utility lines shall be designed to circumvent permanently protected green space areas, thereby eliminating the need for intrusions and crossings.

(l) Piers and wharfs. Permitted as a conditional use: all permanently protected green space areas. A site plan shall be required per § 450-23 for construction, erection, placement or extension of a pier or wharf, with specific information provided regarding its location in relation to the shoreline and abutting riparian property lines, and regarding dimensions and building materials.