City of Lake Geneva, WI Article 2 Land Use Regulations [1]

[1] Editor’s Note: This article, adopted as Art. II, was renumbered by the codifier for organizational purposes.

Sec. 98-201 Purpose.

[1-19-2022]

The purpose of this article is to indicate which land uses may locate in each zoning district and under what requirements; and which land uses may not locate therein. A further distinction is made for land uses which may locate in a given district only upon obtaining a conditional or temporary use permit to do so. Finally, certain land uses may locate in a given district as a matter of right upon compliance with special regulations for such a land use.

Sec. 98-202 Interpretation of Land Use Tables.

[1-19-2022]

(1) The land uses listed in Sections 98-203 (Tables of land uses) and 98-204 (Table of land uses permitted in permanently protected green space areas) are specifically designated and refer to the detailed listing of land uses contained in Section 98-206 (Detailed land use descriptions and regulations).

(2) Land uses permitted by right. Land uses listed as permitted by right (designated as a "P" in Sections 98-203 and 98-204) are permitted per the general land use requirements of this chapter (Section 98-205); 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 Section 98-908; and per any and all other applicable City, county, state and federal regulations.

(3) (Reserved)

(4) Land Uses Permitted as a Conditional Use:

(a) Land uses listed as permitted as a conditional uses (designated as a "C" in Sections 98-203 and 98-204) are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (2), above, plus any additional requirements applicable to that particular land use as contained in Section 98-206 (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 (see also Section 98-905).

(5) Land uses permitted as an accessory use. Land uses permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (2), above, plus any additional requirements applicable to that particular land use as contained in Section 98-206 (Detailed land use descriptions and regulations).

(6) Land uses permitted as a temporary use. Land uses listed as permitted a as temporary use (designated as a "T" in Sections 98-203 and 98-204) are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (2), above, plus any additional requirements applicable to that particular land use as contained in Section 98-206(9) (Detailed land use descriptions and regulations). (See also Section 98-906.)

(7) Land uses for which a blank space is shown for a specific zoning district are not permitted n such zoning district, except as legal nonconforming uses (Section 98-207).

(8) Although a land use may be indicated as permitted by right or permitted as a conditional use in a particular district, it does not follow that such a land use is permitted or permissible on every parcel in such district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this chapter which are applicable to the specific land use and parcel in question, or unless an appropriate variance has been granted pursuant to Section 98-910.

Sec. 98-203 Tables of land uses.

[1-19-2022; amended 6-27-2022 by Ord. No. 22-04; 9-12-2022 by Ord. No. 22-07; 4-24-2023 by Ord. No. 23-02; 11-11-2024 by Ord. No. 24-14; 7-28-2025 by Ord. No. 25-10]

This chapter regulates the location of land uses to specific zoning districts through the use of the tables of land uses contained in this section (see the following pages for tables).

Table 98-203(1) - Tables of Land Uses
P	=	Permitted by right in a conventional development [see Section 98-206(1)(a)]
C	=	Permitted as a conditional use (see Section 98-905)
CI	=	Permitted as a conditional use in a cluster development [see Section 98-206(1)(b)]
I	=	Permitted as a conditional use in an institutional residential development [see Section 98-206(1)(c)]
M	=	Permitted as a conditional use within a mobile home development or park [see Section 98-206(1)(d) or (e)]
+	=	Permitted as a conditional use until 365 days after the effective date of this chapter

Zoning District Abbreviations
RH	CR-5ac	ER-1	SR-3	SR-4	TR-6	MR-8	NO	PO	NB	PB	GB	CB	PI	GI	HI	PBP	EX	Type of Land Use
																		Dwelling Unit Types (see Section 98-034)
P	P	P	P	P	P	P	P		P									(1) Single-family detached 35-acre lot
	P	P	P	P	P	P	P		P									(2) Single-family detached 5-acre lot
	CI	P	P	P	P	P	P		P									(3) Single-family detached 40,000-square-foot lot
			P	P	P	P	P		P									(4) Single-family detached 15,000-square-foot lot
				P	P	P	P		P									(5) Single-family detached 9,000-square-foot lot
				+	P	P	C		C									(6) Twin homes/duplex 6,000 square feet per du
				+	C	P	C		C									(7) Two-flat, 9,000-square-foot lot
						P	C		C									(8) Townhouse 4,500-square-foot lot
						P	C		C									(9) Multiplex 4,500 square feet per du
						P	C		C									(10) Apartment 4,500 square feet per du
						I	I	I	I	I	I	I						(11) Institutional residential 9,000-square-foot lot
					M													(12) Mobile home 9,000-square-foot lot
RH Rural Holding				TR Two-Family Res				NB Neighborhood Business					PI Planned Industrial
CR Countryside Res				MR Multifamily Res				PB Planned Business					GI General Industrial
ER Estate Residential				NO Neighborhood Office				GB General Business					HI Heavy Industrial
SR Single-Family Res				PO Planned Office				CB Central Business					PBP Planned Business Park
EX Extraction/Disposal

Table 98-203(2) and (3) - Tables of Land Uses
P = Permitted by right [Section 98-202(2)]				C = Permitted as a conditional use [Section 98-202(4)]

Zoning District Abbreviations
RH	CR-5ac	ER-1	SR-3	SR-4	TR-6	MR-8	NO	PO	NB	PB	GB	CB	PI	GI	HI	PBP	EX	Type of Land Use
																		Nonresidential Land Uses
																		Agricultural Uses [Section 98-206(2)(_)]
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P		(a) Cultivation
C																		(b) Husbandry
C																		(c) Intensive agriculture
C															C			(d) Agricultural services
P																		(e) On-site agricultural retail
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(f) Selective cutting
C	C	C	C	C	C	C	C	C	C	C	C	C	C	C	C			(g) Clear-cutting
																		Institutional Uses [Section 98-206(3)(_)]
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P		(a) Passive outdoor public recreational
P	P	P	P	P	P	P	P	P	P	P	P	P	P					(b) Active outdoor public recreational
C	C	C	C	C	C	C	P	P	P	P	P	P	P					(c) Indoor institutional
C	C	C	C	C	C	C	C	C	C	C	C	C	C					(d) Outdoor institutional
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P		(e) Public services and utilities
						C	C	C	C	C	C	C						(f) Institutional residential
P	P	P	P	P	P	P	C		C									(g) Community living arrangement (1 to 8 res.)
	C	C	C	C	P	P	C	C	C									(h) Community living arrangement (9 to 15)
						C	C	C	C									(i) Community living arrangement (16+)
RH Rural Holding				TR Two-Family Res				NB Neighborhood Business					PI Planned Industrial
CR Countryside Res				MR Multifamily Res				PB Planned Business					GI General Industrial
ER Estate Residential				NO Neighborhood Office				GB General Business					HI Heavy Industrial
SR Single-Family Res				PO Planned Office				CB Central Business					PBP Planned Business Park
EX Extraction/Disposal

Table 98-203(4) - Tables of Land Uses
P = Permitted by right [Section 98-202(2)]							C = Permitted as a conditional use [Section 98-202(4)]

Zoning District Abbreviations
RH	CR-5ac	ER-1	SR-3	SR-4	TR-6	MR-8	NO	PO	NB	PB	GB	CB	PI	GI	HI	PBP	EX	Type of Land Use
																		Commercial Uses [Section 98-206(4)]
							P	P	P	P	P	P	P	P	P	P	P	(a) Office
							P	P	P	P	P	P	P			P		(b) Personal or professional services
							C	C	P	P	P	P	C					(c) Indoor sales or services
										C	C	C						(d) Outdoor display
									P	P	P	P	P	P	P		P	(e) Indoor maintenance service
															C	C	P	(f) Outdoor maintenance service
								C	C	C	C	C						(g) In-vehicle sales or service
							P	P	P	P	P	P	P					(h) Indoor commercial entertainment, small-scale
							C	C	C	C	C	C	C					(i) Indoor commercial entertainment, large-scale
C							C	C	C	C	C	C	C					(j) Outdoor commercial entertainment
C										C	C		C	C		C		(k) Commercial animal boarding
								C		C	C	C						(l) Commercial indoor lodging
C	C	C	C	C	C	C	C		C	C	C	C						(m) Bed-and-breakfast establishments
					C	C	C	C	C	C	C	C	C	C		C		(n) Group day-care center (9+ children)
C																		(o) Campground
						C	C		C		C	C						(p) Boardinghouse
															C			(q) Sexually oriented land use
										C	C			C	C			(r) Vehicle repair and maintenance
C										C								(s) Intensive outdoor recreation
							C	C	C	C	C	C	C			C		(t) Physical activity studio
							P	P	P	P	P	P	P					(u) Personal or professional service involving tattoos and permanent cosmetics above the clavicle
																P		(v) Indoor/ outdoor commercial entertainment incidental to light industrial
RH Rural Holding			TR Two-Family Res					NB Neighborhood Business					PI Planned Industrial
CR Countryside Res			MR Multifamily Res					PB Planned Business					GI General Industrial
ER Estate Residential			NO Neighborhood Office					GB General Business					HI Heavy Industrial
SR Single-Family Res			PO Planned Office					CB Central Business					PBP Planned Business Park
EX Extraction/Disposal

Table 98-203(5), (6) and (7) Tables of Land Uses
P = Permitted by right [Section 98-202(2)]				C = Permitted as a conditional use [Section 98-202(4)]

Zoning District Abbreviations
RH	CR-5ac	ER-1	SR-3	SR-4	TR-6	MR-8	NO	PO	NB	PB	GB	CB	PI	GI	HI	PBP	EX	Type of Land Use
																		Storage/Disposal [Section 98-206(5)]
													P	P	P		P	(a) Indoor storage or wholesaling
														C	P		P	(b) Outdoor storage or wholesaling
													C	C				(c) Personal storage facility
C																	C	(d) Junkyard or salvage yard
																	C	(e) Waste disposal facility
																	C	(f) Composting operation
																		Transportation Uses [Section 98-206(6)]
											P	P		P	P			(a) Off-site parking lot
C								C					C	C	C			(b) Airport/heliport
														C	C			(c) Freight terminal
													C	P	P			(d) Distribution center
																		Industrial Uses [Section 98-206(7)]
													P	P	P	P		(a) Light industrial
															P			(b) Heavy industrial
													C	C	C			(c) Communications tower
																	C	(d) Extraction use
RH Rural Holding			TR Two-Family Res				NB Neighborhood Business					PI Planned Industrial
CR Countryside Res			MR Multifamily Res				PB Planned Business					GI General Industrial
ER Estate Residential			NO Neighborhood Office				GB General Business					HI Heavy Industrial
SR Single-Family Res			PO Planned Office				CB Central Business					PBP Planned Business Park
EX Extraction/Disposal

Table 98-203(8) - Tables of Land Uses
P = Permitted by right [Section 98-202(2)]				C = Permitted as a conditional use [Section 98-202(4)]

Zoning District Abbreviations
RH	CR-5ac	ER-1	SR-3	SR-4	TR-6	MR-8	NO	PO	NB	PB	GB	CB	PI	GI	HI	PBP	EX	Type of Land Use
																		Accessory Uses [Section 98-206(8)]
										C	C	C	C					(a) Commercial airport
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(b) Farm residence
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(c) Private residential garage or shed
							P	P	P	P	P	P	P	P	P			(d) Company cafeteria
							P/C	P/C		P/C	P/C	P/C	P/C	P/C	P/C			(e) Company-provided on-site recreation
C										C	C							(f) Outdoor display incidental
							C	C	C	C	C	C	C					(g) In-vehicle sales and services
														P	P	P		(h) Indoor sales incident to light ind. use
									C	C	C	C						(i) Light ind. incidental to indoor sales
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(j) Home occupation
P	P	P	P	P	P	P												(k) Family day care home (4 to 8 children)
C	C	C	C	C	C	C												(l) Intermediate day care home (8 to 15 children)
C															C			(m) Migrant labor camp
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(n) On-site parking lot
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(o) Private residential recreational facility
C	C	C																(p) Private residential kennel
C																		(q) Private residential stable
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(r) Drainage structure
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(s) Filling
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(t) Lawn care of subject property
C	C	C																(u) Septic systems
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(v) Exterior communications devices
	C	C																(w) Caretaker's residence
C	C	C	C	C	C	C												(x) Second private residential garage
P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P			(y) Short-term rental
P	P	P	P	P	P													(z) In-family suite
RH Rural Holding			TR Two-Family Res					NB Neighborhood Business					PI Planned Industrial
CR Countryside Res			MR Multifamily Res					PB Planned Business					GI General Industrial
ER Estate Residential			NO Neighborhood Office					GB General Business					HI Heavy Industrial
SR Single-Family Res			PO Planned Office					CB Central Business					PBP Planned Business Park
EX Extraction/Disposal

Table 98-203(9) Tables of Land Uses

T = Permitted as a temporary use [Section 98-202(6)]

Zoning District Abbreviations
RH	CR-5ac	ER-1	SR-3	SR-4	TR-6	MR-8	NO	PO	NB	PB	GB	CB	PI	GI	HI	PBP	EX	Type of Land Use
																		Temporary Uses [Section 98-206(9)]
									T	T	T	T						(a) General temporary outdoor sales
T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T			(b) Outdoor assembly
T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T			(c) Contractor's project office
T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T		(d) Contractor's on-site equipment storage
							T	T	T	T	T	T	T	T	T	T		(e) Relocate-able residence
T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T	T		(f) On-site real estate sales office
T									T	T	T	T	T	T				(g) Outdoor sales of farm products
T	T	T	T	T	T	T												(h) Tent
T	T	T	T	T	T	T												(i) Residential garage sale
RH Rural Holding				TR Two-Family Res				NB Neighborhood Business					PI Planned Industrial
CR Countryside Res				MR Multifamily Res				PB Planned Business					GI General Industrial
ER Estate Residential				NO Neighborhood Office				GB General Business					HI Heavy Industrial
SR Single-Family Res				PO Planned Office				CB Central Business					PBP Planned Business Park
EX Extraction/Disposal

Sec. 98-204 Table of land uses permitted in permanently protected green space areas.

[1-19-2022; amended 6-27-2022 by Ord. No. 22-04]

In all developments, certain areas may be required to be set aside as permanently protected green space for the purpose of natural resources protection, to meet a minimum green space ratio (GSR) requirement, or to meet a minimum landscape surface ratio (LSR) requirement. Where such permanently protected green space is required, and where the land use is also permitted per the land use regulations of the applicable conventional zoning district (see Section 98-203, Table of Land Uses), the following table shall also be employed to establish land use regulations. All land uses listed in Section 98-203 but not listed in this section are prohibited in permanently protected green spaces.

Table 98-204: Land Uses Permitted in Permanently Protected Green Space Areas
		Permanently Protected Green Space Areas
Land Use		Conservancy	Drainageway	Lakeshore	Woodland	Steep Slope	Other Permanently Protected Green Space
(a)	Cultivation						C
(b)	Passive outdoor recreation	P	P	P	P	P	P
(c)	Active outdoor recreation						P
(d)	Outdoor institutional						P
(e)	Lawn care (mow-feed-seed-weed)	C	C	C	C	C	P
(f)	Golf course	C	C	C	C	C	P
(g)	Any permitted temporary use						P, T
(h)	Drainage structure	C	C	C	C	C	C
(i)	Filling	C	C	C	C	C	C
(j)	Septic system						C
(k)	Road, bridge
(l)	Utility lines and related facilities	C	C	C	C	C	C
(m)	Piers and wharfs	P	P	P	P	P	P
(n)	Fences	C	C	C	P	P	C
C: Permitted as a conditional use per Sections 98-206(10), 98-203, and 98-905.
T: Permitted as a temporary use per Sections 98-206(10), 98-203, and 98-206.

Sec. 98-205 Regulations applicable to all land uses.

[1-19-2022; 5-12-2025 by Ord. No. 25-04]

All uses of land initiated within the jurisdiction of this chapter on, or following, the effective date of this chapter shall comply with all of the provisions of this chapter. Specifically:

(1) Land use regulations and requirements. All uses of land shall comply with all the regulations and requirements of Article 2, Land Use Regulations, pertaining to the types of uses to which land may be put, and to various requirements which must be met for certain types of land uses within particular zoning districts. Such regulations and requirements address both general and specific regulations to which land uses shall adhere; and which are directly related to the protection of the health, safety and general welfare of the residents of the City of Lake Geneva and its environs.

(2) Density and intensity regulations and requirements. All development of land shall comply with all the regulations and requirements of Article 3, Density and Intensity Regulations, pertaining to the maximum permitted density (for residential land uses) and intensity (for nonresidential land uses) of land uses. Such regulations and requirements address issues such as floor area ratios (FARs), green space ratios (GSRs), and landscape surface ratios (LSRs); which are directly related to, and are a critical component of density or intensity and the protection of the health, safety, and general welfare of the residents of the City of Lake Geneva and its environs.

(3) Bulk regulations and requirements. All development of land shall comply with all the regulations and requirements of Article 4, Bulk Regulations, pertaining to the maximum permitted bulk of structures and the location of structures on a lot. Such regulations and requirements address issues such as height, setbacks from property lines and rights-of-way, and minimum separation between structures; which are directly related to, and a critical component of, the effective bulk of a structure and the protection of the health, safety, and general welfare of the residents of the City of Lake Geneva and its environs.

(4) Natural resources and green space regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of Article 5, Natural Resource Protection Regulations, pertaining to the protection of sensitive natural resources and required green space areas. Such regulations and requirements address issues such as absolute protection, partial protection, and mitigation; which are directly related to, and a critical component of, the protection of natural resources and the protection of the health, safety, and general welfare of the residents of the City of Lake Geneva and its environs.

(5) Landscaping and buffer yard regulations and requirements. All development of land shall comply with all the regulations and requirements of Article 6, Landscaping and Buffer Yard Regulations, pertaining to the provision of landscaping and buffer yards. Such regulations and requirements address issues such as minimum required landscaping of developed land, and minimum required provision of buffer yards between adjoining zoning districts and/or development options; which are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the City of Lake Geneva and its environs.

(6) Performance standards and requirements. All development of land shall comply with all the regulations and requirements of Article 7, Performance Standards, pertaining to the provision of appropriate access, parking, loading, storage, and lighting facilities. Such regulations and requirements address issues such as maximum permitted access points, minimum required parking spaces, the screening of storage areas, and maximum permitted intensity of lighting, as well as defining acceptable levels of potential nuisances, such as noise, vibrations, odors, heat, glare and smoke; which are directly related to, and a critical component of, the health, safety, and general welfare of the residents of the City of Lake Geneva and its environs.

(7) Signage regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of Article 8, Signage Regulations, pertaining to the type and amount of signage permitted on property. Such regulations and restrictions address issues such as the maximum area of permitted signage and the number and types of permitted signage; which are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the City of Lake Geneva and its environs.

(8) Procedural regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of Article 9, pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements; and are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the City of Lake Geneva and its environs. At a minimum, all development shall be subject to the requirements of Section 98-908.

(9) Number of buildings per lot. In the RH and CR-5ac, ER-1, SR-3, SR-4 Districts, only one principal building shall be permitted on any one lot. In the TR-6, MR-8, NO, PO, NB, PB, GB, CB, PI, GI, and HI Districts, more than one principal building shall be permitted on any one lot upon the granting of a conditional use permit for a group development in compliance with Section 98-208.

(10) Number of land uses per building. o more than one nonresidential land use shall be permitted in any building unless a conditional use permit for a group development is granted in compliance with Section 98-208.

(11) Division or combining of a lot. No recorded lot shall be divided into two or more lots, and no two or more recorded lots shall be combined into one or more lots, unless such division or combination results in the creation of lots, each of which conforms to all of the applicable regulations of the zoning district in which said lot is located (as set forth in this chapter). (See also the Land Division Regulations.)[1]

[1] Editor's Note: See Ch. 66, Subdivisions.

Sec. 98-206 Detailed land use descriptions and regulations.

[Ord. No. 00-2 2-14-2000; Ord. No. 19-16, 11-25-2019; Ordinance dated 1-19-2022; amended 3-28-2022 by Ord. No. 22-02; 6-27-2022 by Ord. No. 22-04; 9-12-2022 by Ord. No. 22-07; 11-25-2024 by Ord. No. 24-13; 11-11-2024 by Ord. No. 24-14; 11-11-2024 by Ord. No. 24-18; 7-28-2025 by Ord. No. 25-10]

The land use categories employed by this chapter (particularly Sections 98-203 and 98-204) are defined in this section. Land uses which are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 98-911 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this chapter.

(1) Residential land uses.

(a) Conventional residential development.

Description: This land use includes, but is not limited to, all residential developments which 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). [See Subsection (1)(f) below.]

1. Permitted by right: RH, CR-5ac, ER-1, SR-3, SR-4, TR-6, MR-8, NO, NB.

2. Conditional use regulations: SR-4, TR-6, MR-8, NO, NB.

(b) Cluster residential development.

Description: This land use is a residential subdivision that requires dwelling unit types which require smaller lots than conventional residential developments within the same zoning district. This lot size flexibility is provided because the provision of sound neighborhood design principles results in a community character which is consistent with such conventional residential developments. [See Subsection (1)(f) below.]

1. Permitted by right: not applicable.

2. Conditional use regulations (CR-5ac):

a. Development clusters shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.

b. If such adjacent areas are developed as a conventional residential development, buffer yards shall be provided within adjoining portions of the cluster residential development (see Section 98-610).

c. No access shall be permitted to local residential streets.

d. Applicant shall provide appropriate deed restrictions and performance bonds to ensure the long-term maintenance and viability of common areas and the development as a whole.

e. Applicant shall comply with Section 98-905, Conditional use review and approval.

(c) Institutional residential development.

Description: This land use is a form of residential development designed to accommodate institutional residential uses, such as retirement homes, nursing homes, convents, and dormitories [see Section 98-206(3)(f)]. 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. [See Subsection (1)(f) below.]

1. Permitted by right: not applicable.

2. Conditional use regulations (MR-8, NO, PO, NB, PB, GB, CB):

a. The proposed site shall be located so as to avoid disruption of an established or developing office area. Within the Neighborhood Office (NO) and Planned Office (PO) Districts, institutional residential developments shall be designed so as to maintain the character of the adjacent properties.

b. Shall be located with primary vehicular access on a collector or arterial street.

c. No access shall be permitted to a local residential street.

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

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

f. Applicant shall comply with Section 98-905, Conditional use review and approval.

(d) Mobile home residential development (subdivision).

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 Section 98-034 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). [See Subsection (1)(f) below.]

1. Permitted by right: not applicable.

2. Conditional use regulations (TR-6):

a. Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.

b. Mobile home residential developments shall comply with the same landscaping and buffer yard requirements as the Multifamily Residential-12 District, as specified in Section 98-610 of this chapter.

c. No access shall be permitted to local residential streets.

d. Shall comply with Section 98-905, Conditional use review and approval.

(e) Mobile home residential development (rental/condo park).

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 lots and mobile home units must meet the requirements for mobile homes listed in Section 98-034 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). [See Subsection (1)(f) below.]

1. Permitted by right: not applicable.

2. Conditional use regulations (TR-6):

a. Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.

b. Mobile home residential developments shall comply with the same landscaping and buffer yard requirements as the Multifamily Residential-12 District, as specified in Section 98-610 of this chapter.

c. No access shall be permitted to local residential streets.

d. Shall comply with Section 98-905, Conditional use review and approval.

(f) Note regarding percentage of green space and maximum density yield. This estimate is provided as a general rule of thumb for the convenience of the users of this chapter. Such a yield is not to be considered as ensured by the provisions of this chapter.

(2) Agricultural land uses.

(a) Cultivation.

Description: Cultivation land uses include all operations primarily oriented to the on-site, outdoor raising of plants. This land use includes trees which 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 of farm animals are considered cultivation if said plants are consumed by animals which are located off-site.

1. Permitted by right: all districts.

a. On buildable lots, cultivation areas shall not exceed 20% of the lot's area.

b. Cultivation areas shall not be located within the required front yard of street yard of any buildable or developed lot.

2. Conditional use regulations: not applicable.

3. Parking regulations. One space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of Section 98-704(6)(a).]

(b) 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 Section 98-034) per acre. Apiaries are considered husbandry land uses.

1. Permitted by right: not applicable.

2. Conditional use regulations (RH):

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 (pasture) shall be located a minimum of 10 feet from any residentially zoned property.

3. Parking regulations. One space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of Section 98-704(6)(a).]

(c) 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 Section 98-034) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.

1. Permitted by right: not applicable.

2. Conditional use regulations (RH):

a. Shall not be located in, or adjacent to, an existing or platted residential subdivision.

b. Shall be completely surrounded by a buffer yard with a minimum intensity of 1.00. [See Section 98-610.]

c. All buildings, structures, outdoor storage areas, and outdoor animal containments shall be located a minimum of 300 feet from all residentially zoned property and 100 feet from all other lot lines.

d. Shall be located in an area which is planned to remain commercially viable for agricultural land uses.

e. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations. One space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of Section 98-704(6)(a).]

(d) 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 Section 98-206(5)(f)].

1. Permitted by right: not applicable.

2. Conditional use regulations (RH, HI):

a. Shall not be located in, or adjacent to, an existing or platted residential subdivision.

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

c. If within the RH District, shall be located in an area which is planned to remain commercially viable for agricultural land uses.

d. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations. One space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of Section 98-704(6)(a).]

(e) 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. Packagings 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.

1. Permitted by right (RH):

a. No structure or group of structures shall exceed 500 square feet in floor area.

b. No structure shall exceed 12 feet in height.

c. All structures shall meet all required setbacks for nonresidential land uses.

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

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

f. A minimum of one parking space shall be required for every 200 square feet of product display area.

g. 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.

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

2. Conditional use regulations: not applicable.

3. Parking regulations. One space per employee on the largest work shift and four spaces for customers. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of Section 98-704(6)(a).]

(f) 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 fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% 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 which 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 (2)(g), below].

1. Permitted by right: all districts.

2. Conditional use regulations: not applicable.

(g) 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 30% of the woodlands on a property (or up to 100% for developments approve 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 Section 98-936) 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 satisfaction of mitigation requirements.

1. Permitted by right: not applicable.

2. Conditional use regulations (all districts):

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

b. Areas of the subject property which are clear-cut beyond the limitations established above shall be replanted per the requirements of Section 98-507. (Referenced section requires 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.

c. Clear-cutting shall not be permitted within a required buffer yard or landscaped area (see Section 98-610), or within an area designated as permanently protected green space (see Article 6, Landscaping and Buffer Yard Regulations).

d. Shall comply with Section 98-905, Conditional use review and approval.

(3) Institutional land uses.

(a) Passive outdoor public recreation.

Description: Passive outdoor public recreational land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, particular active recreational use [see Subsection (3)(b), below], picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.

1. Permitted by right: all districts.

2. Conditional use regulations: not applicable.

3. Parking requirements. One space per four expected patrons at maximum capacity for any use requiring over five spaces.

(b) Active outdoor public recreation.

1. Permitted by right (all districts except GI and HI):

a. Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a buffer yard with a minimum opacity of 0.60 (see Section 98-610). Said buffer yard shall be located at the property line adjacent to said residentially zoned property.

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

c. Facilities which serve a community-wide function shall be located with primary vehicular access on a collector or arterial street.

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

2. Conditional use regulations: not applicable.

3. Parking regulations: active outdoor public recreation: one space per four expected patrons at maximum capacity for any use requiring over five spaces.

(c) 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.

1. Permitted by right (NO, PO, NB, PB, GB, CB, PI):

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

b. 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.)

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

2. Conditional use regulations (RH, CR-5ac, ER-1, SR-3, SR-4, TR-6, MR-8):

a. Shall meet all regulations listed in Subsection (3)(c)1, above.

b. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: Generally, one space per three expected patrons at maximum capacity. However, see additional specific requirements below:

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

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

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

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

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.

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

Senior high: one space per teacher and staff member, plus one space per five nonbussed students.

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

(d) 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.

1. Permitted by right: not applicable.

2. Conditional use regulations (all districts except GI and HI):

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

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

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

d. Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a buffer yard with a minimum opacity of 0.60 (see Section 98-610). Said buffer yard shall be located at the property line adjacent to said residentially zoned property.

e. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: Generally, one space per three expected patrons at maximum capacity. However, see additional specific requirements below:

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

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).

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

Tennis court: three spaces per court.

(e) Public services and utilities.

Description: Public service and utilities land uses include all town, county, state and federal facilities (except those otherwise treated in this section), 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.

1. Permitted by right: all districts.

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

b. All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a buffer yard with a minimum opacity of 0.60 (see Section 98-610). Said buffer yard shall be located at the property line adjacent to said residentially zoned property.

c. All structures shall be located within a minimum of 20 feet from any residentially zoned property.

d. The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.

2. Conditional use regulations: not applicable.

3. 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.

(f) 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 § 62.23, Wis. Stats.

1. Permitted by right: not applicable.

2. Conditional use regulations (MR-8, NO, PO, NB, PB, GB, CB): see listing for "institutional residential" under residential uses, Subsection (1)(b), above.

3. Parking regulations:

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.

Nursing home: 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.

(g) Community living arrangement (one to eight residents).

Description: Community living arrangement land uses include all facilities provided for in § 40.03(22), Wis. Stats., 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 § 62.23, Wis. Stats.

1. Permitted by right (RH, CR-5ac, ER-1, SR-3, SR-4, TR-6, MR-8):

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

b. 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).

c. Foster homes housing four or fewer children and licensed under § 48.62, Wis. Stats., shall not be subject to Subsection (3)(g)1a, above; and shall not be subject to, or count toward, the total arrived at in Subsection (3)(g)1b, above.

State law reference: § 62.23, Wis. Stats.

2. Conditional use regulations: (NO and NB):

a. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking requirements: Three spaces.

(h) Community living arrangement (nine to 15 residents).

Description: see Subsection (3)(g) above.

1. Permitted by right (TR-6, MR-8):

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

b. 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). State law reference: § 62.23, Wis. Stats.

2. Conditional use regulations (CR-5ac, ER-1, SR-3, SR-4, NO, PO, NB):

a. Shall meet all regulations for permitted uses in Subsection (3)(h)1, above.

b. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: four spaces.

(i) Community living arrangement (16+ residents).

Description: see Subsection (3)(g), above.

1. Permitted by right: not applicable.

2. Conditional use regulations (MR-8, NO, PO, NB):

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

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

c. Shall comply with Section 98-905, Conditional use review and approval. State law reference: § 62.23, Wis. Stats.

3. Parking regulations: one space per every three residents.

(4) Commercial land uses.

(a) 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.

1. Permitted by right: NO, PO, NB, PB, GB, CB, PI, GI, HI.

2. Conditional use regulations: not applicable.

3. Parking regulations: one space per 300 square feet of gross floor area.

(b) 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 uses include professional services, insurance or financial services, realty offices, medical offices, and clinics, veterinary clinics, barbershops, beauty shops, and related land uses.

1. Permitted by right: (NO, PO, NB, PB, GB, CB, PI).

2. Conditional use regulations: not applicable.

3. Parking regulations: one space per 300 square feet of gross floor area.

(c) 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. 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 the table of land Uses, [Section 98-206(8)(f)]. A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered an outdoor display land use [see Subsection (4)(d), 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 Section 98-206(8)(i).]

1. Permitted by right: NB, PB, GB, CB.

2. Conditional use regulations (NO, PO, PI):

a. Permitted uses shall be limited to indoor sales and personal services which primarily support office tenants, such as office supply stores, copy centers and travel agencies.

b. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: one space per 300 square feet of gross floor area.

(d) 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 rental, manufactured and mobile housing sales and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually calculated maintained in the most efficient manner, which 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. [See Subsection (5), below, also.] [Land uses which conduct or display only a limited amount of product outside of an enclosed building are listed separately in Sections 98-206(8)(f) as "outdoor display incidental to indoor sales."]

1. Permitted by right: not applicable.

2. Conditional use regulations (CB, PB, GB):

a. The display of items shall not be permitted in permanently protected green space areas, required landscaped areas, or required buffer yards.

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

c. 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 Section 98-704. 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.

d. 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.

e. 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.

f. 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.

g. Inoperative vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.

h. Facility shall provide a buffer yard with a minimum opacity of 0.60 along all borders of the display area abutting residentially zoned property, except per Subsection (4)(d)2e, above (see Section 98-610.).

i. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations:

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

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

(e) Indoor maintenance service.

Description: Indoor maintenance services include all land uses which perform maintenances 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 land use [see Section 98-206(4)(q)].

1. Permitted by right: NB, PB, GB, CB, PI, GI, HI.

2. Conditional use regulations: not applicable.

3. Parking regulations: one space per 300 square feet of gross floor area.

(f) 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.

1. Permitted by right: not applicable.

2. Conditional use regulations (HI):

a. All outdoor activity areas shall be completely enclosed by a minimum six-foot-high fence. Such enclosures shall be located a minimum of 50 feet from any residentially zoned property and shall be screened from such property by a buffer yard with a minimum opacity of 0.60 (see Section 98-610).

b. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: one space per 300 square feet of gross floor area.

(g) 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 services, see Section 98-206(4)(q)]. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel stations, and all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use [see Section 98-206(8)(g)].

1. Permitted by right: not applicable.

2. Conditional use regulations (PO, NB, PB, GB, CB, PI):

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

b. 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.

c. 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.

d. 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 or similar structure shall not exceed 20 feet as measured to the highest part of the structure.

e. All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four-ton axle load.

f. Facility shall provide a buffer yard with a minimum opacity of 0.60 along all property boarders abutting residentially zoned property (Section 98-610).

g. Interior curbs shall be used to separate driving areas from exterior fixtures, such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. Said curbs shall be a minimum of six inches high and be of a nonmountable design. No curb protecting an exterior fixture shall be located closer than 25 feet to all property lines.

h. Shall comply with Section 98-905, Conditional use review and approval.

3. 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.

(h) Indoor commercial entertainment, small-scale.

Description: Small-scale indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building, which are under 2,000 gross square feet and which do not serve alcohol. Such activities often have operating hours which extend significantly later than most other commercial land uses. Examples of such land uses include restaurants and cafes.

1. Permitted by right: (NO, PO, NB, PB, GB, CB, PI).

2. Conditional use regulations: not applicable.

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

(i) Indoor commercial entertainment, large-scale.

Description: Large-scale indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building, which is over 2,000 gross square feet and/or which serves alcohol. Examples of such land uses include restaurants, taverns, theaters, bowling alleys, arcades, roller rinks, and pool halls.

1. Permitted by right: not applicable.

2. Conditional use regulations (NO, PO, NB, PB, GB, CB, PI):

a. If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 150 feet, or as far as possible, of a residentially zoned property.

b. The facility shall provide a buffer yard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property. (See Section 98-610.)

c. Shall comply with Section 98-905, standards and procedures applicable to all conditional uses.

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

(j) Outdoor commercial entertainment.

Description: Outdoor commercial entertainment land uses include all land uses which provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash and late operating hours. Outdoor entertainment land uses may include, but are not limited to, outdoor eating and drinking areas, and outdoor assembly areas.

1. Permitted by right: not applicable.

2. Conditional use regulations: (RH, NO, PO, NB, PB, GB, CB, PI):

a. Facility shall provide buffer yard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (Section 98-610).

b. Shall comply with Section 98-905, Conditional use review and approval.

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

(k) Commercial animal boarding.

Description: Commercial animal boarding facility land uses include land uses which 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. Animal boarding facilities and activities which, except for parking, are completely and continuously contained indoors are subject to a separate set of regulations. (See accessory use.)

1. Permitted by right: not applicable.

2. Conditional use regulations (RH, PB, GB, PI, GI, PBP)):

a. All activities, except vehicle parking, shall be completely and continuously contained indoors, including animal exercise and display areas.

b. The minimum permitted size of horse or similar animal stalls shall be 100 square feet.

c. Special events, such as shows, exhibitions, and contests, shall only be permitted when a temporary use permit has been secured. (see Section 98-906).

d. Shall comply with Section 98-905, Conditional use review and approval.

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

(l) Commercial indoor lodging.

Description: Commercial indoor lodging facilities include land uses which provide sleeping accommodations for overnight and/or extended-stay housing in individual rooms or suites of rooms, for consideration to transients. 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. This land use includes but is not limited to hotels and motels.

Commercial indoor lodging facilities also include land uses which provide sleeping accommodations for transients for overnight and/or extended-stay housing in distinct housing units, including single-family, two-flat, twin home, duplex, townhouse, multiplex and apartment dwelling units, including but not limited to land uses commonly referred to as "cottages," "vacation homes," "tourist homes," "resort homes," and "fractional ownership and time share units."

As opposed to residential land uses, such commercial indoor lodging land uses are intended and managed to accommodate transients and tourists, and are thus prohibited from all residential zoning districts, and from the Neighborhood Office and Neighborhood Business Zoning Districts. Such land uses are typically occupied to provide access to recreational, cultural and business opportunities in the region, and generally do not serve as the permanent legal residence of the occupants.

Dwelling units which are occupied by a single property owner and guests staying without consideration for less than a year, and remain unoccupied by any other party for the remainder of the year, such as many "second homes" are considered residential units, rather than commercial indoor lodging. This land use does not include bed-and-breakfast establishments as regulated in Section 98-206(4)(l).

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.

1. Permitted by right: not applicable.

2. Conditional use regulations (PO, PB, GB, CB):

a. 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.

b. Facility shall provide a buffer yard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 98-610).

c. Within the PO District, each and every room must take primary access via an individual interior door, and may not be accessed via an external balcony, porch or deck, except for emergency purposes.

d. All vehicles shall have and shall be parked on an improved surface, including any type of recreational vehicle.

e. No outside storage of any recreational accessories, such a pool floats, life jackets, etc.

f. Shall comply with Section 98-905, Conditional use review and approval.

g. After approval, applicant must apply for City business license.

h. After approval, applicant must apply for and comply with the room tax permit.

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

(m) Bed-and-breakfast establishment.

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

1. Permitted by right: not applicable.

2. Conditional use regulations (RH, CR-5ac, ER-1, SR-3, SR-4, TR-6, MR-8, NO, NB, PB, GB, CB):

a. All such facilities shall be required to obtain a permit to serve liquor, if applicable. They shall be inspected annually at a fee as established by a separate Fee Ordinance, to verify that the land use continues to meet all applicable regulations.

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

c. Facility shall provide a buffer yard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 98-610).

d. No premises shall be utilized for a bed-and-breakfast operation unless there are at least two exists 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 the Lake Geneva Building Code. One lavatory and bathing facility shall be required for every 10 occupants, in addition to the owner/occupant's personal facilities.

e. 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.

f. Only the meal of breakfast shall be served to overnight guests.

g. 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.

h. The maximum stay for any occupants of a bed-and-breakfast operation shall be 14 days.

i. It shall be unlawful for any persons to operate a bed-and-breakfast operation as defined and as permitted in the Municipal Code of the City of Lake Geneva without first having obtained a conditional use permit.

j. Application requirements. Applicant for a license to operate a bed-and-breakfast shall submit a floor plan of the single-family dwelling unit illustrating that the proposed operation will comply with the City Zoning Ordinance, as amended, other applicable City codes and ordinances, and within the terms of this chapter.

k. Consideration of issuance. After application duly filed with the Clerk for a license under this division, Plan Commission review and recommendation for a conditional use permit, the Council shall hold a public hearing and determine whether any further license shall be issued based upon the public convenience and necessity of the people in the City. In the Council's determination of the number of bed-and-breakfast operations required to provide for such public convenience and necessity, the Council shall consider the effect upon residential neighborhoods of issuance of additional licenses for public services.

l. 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.

m. Suspension, revocation and renewal. Any license issued under the provisions of this chapter may be revoked by the City Council for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation, the compliance or noncompliance with the state law and local ordinances, the conduct of the licensee in regard to the public, and other consideration shall be weighed in determination of such issue.

n. Shall comply with Section 98-905, Conditional use review and approval, applicable to all conditional uses.

3. Parking regulations: one space per each bedroom.

(n) Group day-care center (9+ children).

Description: Group 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 in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group day-care centers are not considered as accessory uses and therefore require review as a separate land use.

1. Permitted by right: not applicable.

2. Conditional use regulations (TR-6, MR-8, NO, PO, NB, PB, GB, CB, PI, GI):

a. Facility shall provide a buffer yard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property (see Section 98-610).

b. Shall comply with Section 98-905, Conditional use review and approval, applicable to all conditional uses.

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

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

(o) Campground.

Description: Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or vehicles.

1. Permitted by right: not applicable.

2. Conditional use regulations (RH):

a. Facility shall provide a buffer yard with a minimum opacity of 0.70 along all property borders abutting residentially zoned property (see Section 98-610).

b. Shall comply with Section 98-905, Conditional use review and approval, applicable to all conditional uses.

3. Parking regulations: 1.5 spaces per campsite.

(p) Boardinghouse.

Description: Boarding homes include any residential use renting rooms which do not contain private bathroom facilities (with the exception of approved bed-and-breakfast facilities).

1. Permitted by right: not applicable.

2. Conditional use regulations (MR-8, NO, NB, GB, and CB):

a. Facility shall provide a buffer yard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 98-610).

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

c. Shall be located in an area of transition from residential land uses to nonresidential land uses.

d. Shall comply with Section 98-905, Conditional use review and approval, applicable to all conditional uses.

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

(q) 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 - including the provision of body piercing or tattooing services below the clavicle.

For the purpose of this chapter, "sexually-oriented 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). Establishments which sell or rent sexually oriented materials shall not be considered sexually oriented if the area devoted to sale of said materials is less than 5% of the sales area devoted to non-sexually-oriented materials and if such materials are placed in generic covers or otherwise obscured areas.

NOTE: The incorporation of this subsection 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 subsection 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.

1. Permitted by right: not applicable.

2. Conditional use regulations (HI):

a. 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.

b. 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.

c. Shall comply with Section 98-905, Conditional use review and approval, applicable to all conditional uses.

3. 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).

(r) Vehicle repair and maintenance service.

Description: Vehicle repair and maintenance services include all land uses which perform maintenance services (including repair) to motorized vehicles and contain all operations (except vehicle storage) entirely within an enclosed building.

1. Permitted by right: not applicable.

2. Conditional use regulations (PB, GB, GI, HI):

a. Storage of abandoned vehicles is prohibited.

b. Facility shall provide a buffer yard with a minimum opacity of 0.60 along all property boarders abutting residentially zoned property (Section 98-610).

c. Shall comply with Section 98-905, Conditional use review and approval, applicable to all conditional uses.

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

(s) Intensive outdoor recreation.

Description: Land uses, located on public or private property, that require intensive lighting and generate regional traffic and noise beyond property lines. Intensive outdoor recreation uses may include, but are not limited to, amusement parks, water parks, fairgrounds, outdoor stadiums, drive-in theaters, outdoor commercial swimming pools, driving ranges, miniature golf facilities, go-cart tracks, racetracks, and tournament-oriented athletic facilities.

1. Permitted by right: not applicable.

2. Conditional use regulations: (RH and PB):

a. A buffer yard with a minimum opacity of 1.0 shall be provided along all property abutting residentially zoned property and for any facility requiring night lighting.

b. Facilities serving a regional or community-wide function shall provide an off-street passenger loading area if the majority of the users will be children.

c. A minimum of 100-foot setback shall be required to any activity area other than parking.

3. Parking requirements: A minimum of one space per every four expected patrons at maximum capacity shall be provided.

(t) Physical activity studio.

Description: Physical activity studio land uses include all land uses which provide a facility for training, instruction, and physical activity within an enclosed building. Such activities often have operating hours which extend significantly earlier or later than most other commercial land uses, and often employ amplified music to set training tempo. Examples of such uses include health or fitness centers, all forms of training studios (yoga, dance, art, martial arts, gymnastics, etc.), and music schools.

1. Permitted by right: not applicable.

2. Conditional use regulations (NO, PO, NB, PB, GB, CB, PI, PBP):

a. If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 150 feet, or as far as possible, of a residentially zoned property.

b. Facility shall provide buffer yard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property if outdoor physical activity takes place (see Section 98-610).

c. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: One space per every three persons at the maximum capacity of the establishment.

(u) Personal or professional service involving tattoos and permanent cosmetics above the clavicle.

Description: Personal service and professional service land uses for the placement of tattoos, permanent make-up or cosmetics on parts of the human body above the clavicle.

1. Permitted by right: (NO, PO, NB, PB, GB, CB, PI, HI).

2. Parking regulations: one space per 300 square feet of gross floor area.

(v) Indoor and outdoor commercial entertainment incidental to light industrial.

Description: This land use describes commercial entertainment spaces that are an ancillary to light industrial uses. This may include, but is not limited to, taprooms, beer gardens, restaurants, conference rooms, event space, or other similar entertainment uses.

1. Permitted by right: (PBP):

a. Such uses shall be established alongside light industrial uses on the site.

b. No outdoor storage of equipment other than fermentation tanks and similar tanks is acceptable. All other equipment must be stored inside and away from public view.

c. The facility shall provide a buffer yard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property. (See Section 98-610.)

2. Parking regulations. One space per every three patron seats or lockers (whichever is greater); or one space per three persons at the maximum capacity of the establishment (whichever is greater) and one space per every 3 employees on site.

(5) Storage or disposal land uses.

(a) 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 Subsection 98-206(8)(h), below.

1. Permitted by right: (PI, GI, HI, EX).

2. Parking regulations: one space per 2,000 square feet of gross floor area.

(b) 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. 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 contractor's storage yards, equipment yards, lumber yards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard [see Subsection (5)(d), below.]

1. Permitted by right (HI, EX):

a. All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls and fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials from view from nonindustrialized areas at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a buffer yard with a minimum opacity of 0.80.

b. The storage of items shall not be permitted in permanently protected green space areas (see Section 98-608).

c. The storage of items shall not be permitted in required frontage landscaping or buffer yard areas.

d. In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Section 98-704. If the number of provided parking stalls on the property is already less than the requirement, such storage areas shall not further reduce the number of parking stalls already present.

e. Storage 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.

f. 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.

g. 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.

h. Facility shall provide a buffer yard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 98-610).

i. 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.

2. Conditional use regulations (GI):

a. Shall comply with all regulations for permitted uses in Subsection (5)(b)1, above.

b. Shall comply with Section 98-905, Conditional use review and approval.

3. 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.

(c) 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."

1. Permitted by right: not applicable.

2. Conditional use regulations (PI, GI):

a. 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.

b. Facility shall provide a buffer yard with a minimum opacity of 0.80 along property boarders abutting residentially zoned property (see Section 98-610).

c. Shall comply with Section 98-905, Conditional use review and approval.

d. No electrical power shall be run to the storage facilities, except for exterior lighting.

3. Parking regulations: one space for each employee on the largest work shift.

(d) 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.

1. Permitted by right: not applicable.

2. Conditional use regulations (EX):

a. Facility shall provide a buffer yard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Section 98-610).

b. All buildings, structures, outdoor storage areas, and other activity areas shall be located a minimum of 100 feet from all lot lines.

c. In no instance shall activity areas be located within a required frontage landscaping or buffer yard areas.

d. Shall not involve the storage, handling or collection of hazardous materials, including any of the materials listed in Section 98-719.

e. Shall comply with Section 98-905, Conditional use review and approval, applicable to all conditional uses.

3. 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.

(e) Waste disposal facility.

Description: Waste disposal facilities are any areas used for the disposal of solid wastes, including those defined by § 144.01(15), Wis. Stats., but not including composting operations [see Subsection (5)(f), below].

1. Permitted by right: not applicable.

2. Conditional use regulations (EX):

a. Shall comply with all county, state and federal regulations.

b. Facility shall provide a buffer yard with a minimum opacity of 1.00 along all borders of the property (see Section 98-610).

c. All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.

d. Operations shall not involve the on-site holding, storage or disposal of hazardous materials (as defined by Section 98-719) in any manner.

e. Required site plans shall include detailed site restoration plans, which shall include, at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. 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.)

f. Shall comply with Section 98-905, Conditional use review and approval.

State law reference: § 144, Subchapter IV, Wis. Stats.

3. Parking regulations: one space for each employee on the largest work shift.

(f) Composting operation.

Description: Composting operations are any land use devoted to the collection, storage, processing and or disposal of vegetation.

1. Permitted by right: not applicable.

2. Conditional use regulations (EX):

a. Shall comply with all county, state and federal regulations.

b. Facility shall provide a buffer yard with a minimum opacity of 1.00 along all borders of the property occupied by nonagricultural land uses (see Section 98-610).

c. All buildings, structures, and activity areas shall be located a minimum of 100 feet from all lot lines.

d. No food scraps or other vermin-attracting materials shall be processed, stored or disposed of on-site.

e. Operations shall not involve the on-site holding, storage or disposal of hazardous wastes as defined by state statutes in any manner.

f. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: one space for each employee on the largest work shift.

(6) Transportation land uses.

(a) 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. See also Section 98-704 for additional parking regulations.

1. Permitted use regulations (GB, CB, GI, HI):

a. Access to an off-site parking lot shall only be permitted to a collector or arterial street.

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

2. Conditional use regulations: not applicable.

3. Parking regulations: no requirement.

(b) 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.

1. Permitted by right: not applicable.

2. Conditional use regulations (RH, PO, PI, GI, HI):

a. 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.

b. Facility shall provide a buffer yard 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 Section 98-610).

c. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: one space per each employee on the largest work shift, plus one space per every five passengers based on average daily ridership.

(c) 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 trans-shipment.

1. Permitted by right: not applicable.

2. Conditional use regulations (GI and HI):

a. Facility shall provide a buffer yard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Section 98-610).

b. All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.

c. In no instance shall activity areas be located within a required frontage landscaping or buffer yard areas.

d. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: one space per each employee on the largest work shift.

(d) 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 Subsection 98-206(8)(m), below.

1. Permitted by right: GI, HI.

2. Conditional use regulations (PI):

a. Facility shall provide a buffer yard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Section 98-610).

b. All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.

c. In no instance shall activity areas be located within a required frontage landscaping or buffer yard areas.

d. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: one space per each employee on the largest work shift.

(7) Industrial land uses.

(a) 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 in Article 7, Performance Standards. Light industrial land uses may conduct retail sales activity as an accessory use, provided that the requirements of Subsection (8)(h), below, are complied with.

1. Permitted by right (PI, GI, HI, PBP):

a. All activities, except loading and unloading, shall be conducted entirely within the confines of a building.

2. Conditional use regulations: not applicable.

3. Parking regulations: one space per each employee on the largest work shift.

(b) 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 which 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. However, in no instance shall a heavy industrial land use exceed the performance standards listed in Article 7, Performance Standards. 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; 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.

1. Permitted by right (HI):

a. Facility shall provide a buffer yard with a minimum opacity of 1.00 along all borders of the property abutting properties which are not zoned Heavy Industrial (see Section 98-610).

b. 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 buffer yard screening elements.

2. Conditional use regulations: not applicable.

3. Parking regulations: one space per each employee on the largest work shift.

(c) Communications tower.

Description: Communications towers include any structure that is designed and constructed for the purpose of supporting one or more antennas for communication purposes, such as cellular telephones or similar, including self-supporting lattice towers, guyed towers, or monopole towers. Height shall be measured from finished grade to the highest point on the tower or other structure, including the base pad. This definition includes the mobile serve support structure, supports, and equipment buildings.

1. Permitted by right: Not applicable.

2. Conditional use requirements (RH, CR-5ac, ER-1, SR-3, SR-4, TR-6, MR-8, NO, PO, BG, CB, PI, GI, HI, PBP).

3. Applicability. This land use shall not be regulated or permitted as public service and utilities. This section shall apply to the following:

a. New towers. All new towers shall be subject to these regulations.

b. Preexisting towers. Preexisting towers shall not be required to meet the requirements of this section, other than the requirements of Subsection 4 of this section.

c. Towers shall be considered principal uses. A different use on the same lot shall not preclude the installation of a tower on such lot.

4. Compliance with federal regulations. Towers shall be erected and installed in accordance with the state electrical code adopted by reference in Section 101-31 et seq., National Electrical Code, Federal Communications Commission, Federal Aviation Administration, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.

5. Submittal and review procedure requirements and other requirements specific to communications towers must be consistent with Wis. Stats. 66.0404.

6. Permit required. A permit is required for all new communications towers or modifications to existing communications towers. The permit application shall contain all of the following information:

a. The name and business address of, and the contact individual for, the applicant.

b. The location of the proposed or affected support structure.

c. The location of the proposed mobile service facility.

d. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.

e. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.

f. If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.

7. ll service carriers and providers that offer or provide any telecommunications services for a fee directly to the public, either within the City or outside the corporate limits, from telecommunications facilities within the City, and all communications tower owners, shall register and provide to the City, pursuant to this chapter, on forms to be provided by the Building Inspector and shall provide with each conditional use application the following information below. It shall be unlawful for any personal wireless services carrier or provider who offers or provides services within the City, or any communications tower owner who owns or operates telecommunications facilities within the City, to fail to register and provide the information required within 30 days of such a request by the City.

a. The identity and legal status of the registrant, including any affiliates.

b. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement.

c. A narrative and map description of the registrant's existing telecommunications facilities within the City, adjacent cities, villages and townships.

d. Such other information as the Building Inspector may reasonably require.

8. Placement requirements

a. Towers and guyed wires shall be set back from any property line a minimum distance equal to 100% of the height of the communication tower adjacent to zoning districts that permit single-family residential uses.

b. The placement of towers on the roof of existing buildings must maintain a setback from residential zones or properties the same as the building setback required for new buildings.

c. No communications tower shall be installed closer than 1/4 mile from another communications tower, measured from the base of the tower to the base of the proposed tower, unless it is a tower situated on a multitower zoning lot, or credible evidence to a reasonable degree of certainty acceptable to the Plan Commission is submitted showing a clear need for said new tower and the infeasibility of collocating it on an existing site. For the purposes of this requirement, exempt telecommunications facilities unavailable for collocation shall not be included in the one-quarter-mile computation.

9. Structural requirements. Every telecommunications facility shall be designed and constructed so as to comply with the requirements of §§ Comm 62.35 to 62.41, Wisconsin Administrative Code, amended from time to time. If, upon inspection, the Building Inspector concludes that a tower fails to comply with such codes, in effect at the time of construction, and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days or such time as determined by the Building Inspector to bring such tower into compliance with said codes. Failure to bring such tower into compliance within said 30 days or such time as determined by the Building Inspector shall constitute grounds for the removal of the tower or antenna at the owner's expense.

10. Basic tower and building design. All new communications towers, except exempt facilities as defined in Subsection (c)20, below, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end all the following measures shall be implemented.

a. Communications towers shall be constructed out of metal or other nonflammable material, unless specifically permitted by the City to be otherwise.

b. Telecommunications support facilities, see Subsection (c)11, Equipment buildings, below.

c. The City shall have the authority to require reasonable special design (materials, architectural features and color) of the communications tower where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).

d. Communications towers shall ensure that sufficient anticlimbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.

e. An accessory communications antenna shall be designed to blend with its supporting structure. The color selected shall be one that in the opinion of the Plan Commission will minimize the visibility of the antennas to the greatest extent feasible.

f. All new communications towers shall be structurally and electrically designed to accommodate at least three separate antenna arrays, unless credible evidence is presented that said construction is economically and technologically unfeasible or the Plan Commission determines that for reasons of aesthetics or to comply with the standards above, a communications tower of such height to accommodate three antenna arrays is unwarranted. Multi-user communications towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights. Parking areas, access roads, and utility easements shall be shared by site users, at fair market rates as determined by customary industry standards, when in the determination of the Plan Commission this will minimize overall visual impact to the community.

11. Equipment buildings. Equipment buildings, including cabinets, used in connection with commercial communications antennas will be subject to the following conditions:

a. Any location and impact of the equipment buildings shall be made as minimal as possible so as not to prevent the principal use of the property.

b. Exterior storage of ground-mounted equipment or materials shall not be permitted.

c. Equipment buildings or structures may be mounted on the roof of a building, provided that such building or structure is placed as unobtrusively as possible (e.g., integrated into the roof design) and/or is screened from view from adjacent roads and properties.

d. Any ground-mounted equipment building used for accessory equipment must either be screened from view from all adjacent residential and commercial uses and potentially incompatible municipal uses with a buffer yard with a minimum opacity of 0.40, or the equipment building must be constructed with similar materials, style, roof pitch, etc., to complement the architectural character of the surrounding neighborhood.

e. All ground-mounted equipment buildings shall at a minimum meet the required setbacks of a principal structure for the underlying zoning district and shall meet all applicable building code requirements.

12. Height requirements.

a. Tower height shall be restricted to 200 feet.

13. Collocation. A proposed tower shall be structurally and electrically designed to accommodate the applicant's antenna and comparable antennas for two additional users. Towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights.

14. Advertising. No form of advertising or identification or sign is allowed on the tower other than the customary manufacturer identification plate.

15. Lighting. Towers shall not be artificially illuminated unless required by the FAA or any other applicable authority.

16. Fencing. A tower shall be enclosed by solid fencing not less than six feet in height or a buffer yard with a minimum opacity of 0.40 and secured so that it is not accessible by the general public. Fence design, materials and colors shall reflect the character of the surrounding area.

17. Color. The wireless communications tower and antennas shall be of a neutral color, such as light gray or sky blue, except as dictated by the Federal Aviation Administration (FAA) and be designed to minimize visibility and to blend into the surrounding environment. Towers with antennas shall be designed to withstand applicable wind load requirements as prescribed in the Uniform Building Code. Towers and/or antenna systems shall be constructed of, or treated with, corrosive-resistant material. A regular maintenance schedule shall be followed.

18. Abandonment.

a. The applicant shall provide a written agreement stating that if the tower or transmitters are unused for a period exceeding 365 days, the applicant shall remove the tower or transmitters upon request from the City.

b. Within 30 days of the date on which the tower use ceases, the permit holder shall provide the Commission written notice of the cessation of use.

c. If unused facilities are not removed, the City may remove the items at the expense of the property owner.

19. Inventory and tracking system. The Zoning Administrator shall compile a list of existing telecommunications facilities within the City's jurisdiction based upon information provided by personal wireless services providers and communications tower owners. The Zoning Administrator shall maintain and update said list on a regular basis. The list shall also include the location of public facilities that may be available for collocation.

20. Exempt facilities.

a. Publicly owned and operated facilities required in the public interest to provide for and maintain a radio frequency telecommunications system, including digital, analog, wireless or electromagnetic waves, for police, fire and other municipal services.

21. Applications and fees.

a. All collocation applications must be processed within the time frames set forth by the Federal Communications Commission. Any application for the collocation of small wireless facilities must be processed by the City within 60 days of receiving a completed application and any other collocation facility application must be processed within 90 days of receiving a completed application.

b. All fees associated with small wireless facilities must be a reasonable approximation of the objectively reasonable cost associated with maintaining infrastructure or processing an application in accordance with the maximum values set forth by the Federal Communications Commission.

(d) Extraction use.

Description: Extraction uses include land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approve on-site development or agricultural activities.

1. Permitted by right: not applicable.

2. Conditional use (EX):

a. Shall receive approval from Walworth County prior to action by the City of Lake Geneva, and shall comply with all county, state and federal regulations.

b. Facility shall provide a buffer yard with a minimum opacity of 1.00 along all borders of the property (see Section 98-610).

c. All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.

d. Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, 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 purposes of ensuring that the site is restored to its proposed condition (The requirement for said surety is waived for publicly owned waste disposal facilities.)

e. Shall comply with Section 98-905, Conditional use review and approval.

3. Parking regulations: one space per each employee on the largest work shift.

(8) Accessory land uses. Accessory uses are land uses which are incidental to the principal activity conducted on the subject property. Only those accessory uses listed in Table 98-203 shall be permitted within the jurisdiction of this chapter. With the exception of a commercial apartment [see Subsection (8)(a), below], or a farm residence [see Subsection (8)(b), 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, except when there is a shoreyard. In instances where there is a shoreyard, shoreyards shall be treated as front yards and street yards as rear yards, whereby accessory structures may be located between a principal building and a street frontage on the same lot.

(a) Commercial apartment.

Description: Commercial apartments are dwelling units which are located above the ground floor of a building used for commercial land use [as designated in Subsection (4), 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.

1. Permitted by right: not applicable.

2. Conditional use regulations (CB, NB, PB, GB):

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

b. 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.

c. Apartment units located on the ground floor or lower shall be required to demonstrate the provision of features to ensure safety and privacy to residents, particularly in relation to areas of high pedestrian and vehicular traffic.

d. Shall comply with Section 98-905, Conditional use review and approval.

(b) 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 (2), above.

1. Permitted by right: all districts.

2. Conditional use regulations: not applicable.

(c) Detached residential garage, carport, utility shed, play structure, or lawn ornament.

Description: A private residential garage, carport or utility shed is a structure which primarily accommodates the sheltered parking of a passenger vehicle and/or the storage of residential maintenance equipment of the subject property. Walks, drives, paved terraces and purely decorative garden accessories, such as pools, fountains, statuary, sun dials, flagpoles, etc., shall be permitted in setback areas, but not closer than three feet to an abutting property line other than a street line.

For the purposes of this section, children's play, structures including playhouses or elevated play structures and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section whether such play structures are placed on a foundation or not. Swing sets, slides, and sandboxes are not considered children's play structures for purposes of this section. A building permit is not required for construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance. It may be located on the same lot as a residential unit or units, or on a separate lot in conjunction with a residential land use.

See Section 98-408 for requirements applicable to legal, nonconforming garages. Garages, carports and utility sheds in excess of 1,000 square feet of gross floor area, or which exceed 30% coverage of the rear yard area, or which exceed the lot coverage of the principal structure, are not permitted in residential districts except as conditional uses in the RH, CR-5ac, and ER-1 Districts [also see Section 98-206(8)].

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.

1. Permitted by right: all districts, if under 1,000 square feet.

a. One attached or detached garage.

b. A total of three accessory structures.

2. Conditional use regulations:

a. In excess of 1,000 square feet for the combination of all accessory structures and for more than three accessory structures.

b. Second garage structures on a parcel.

(d) Company cafeteria.

Description: A company cafeteria is a food service operation which 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.

1. Permitted by right: NO, PO, PB, GB, CB, PI, GI, HI.

2. Conditional use regulations: not applicable.

(e) 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.

1. Permitted by right (NO, PO, PB, GB, CB, PI, GI, HI):

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

2. Conditional use regulations (NO, PO, PB, GB, CB, PI, GI, HI):

a. Outdoor recreational facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a buffer yard with a minimum opacity of 0.60 (see Section 98-610). Said buffer yard shall be located at the property line adjacent to said residentially zoned property.

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

c. Shall comply with Section 98-905, procedures applicable to all conditional uses.

(f) Outdoor display incidental to indoor sales and services (more than 12 days).

Description: see Subsection 98-206(4)(d).

1. Permitted by right: not applicable.

2. Conditional use regulations (RH, PB, GB):

a. Shall comply with all conditions of Subsection (4)(d), above.

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

c. Shall comply with Section 98-905, Conditional use review and approval.

(g) In-vehicle sales and services incidental to on-site principal land use.

Description: see Subsection 98-206(4)(g), above.

1. Permitted by right: not applicable.

2. Conditional use regulations (NO, PO, NB, PB, GB, CB):

a. Shall comply with all conditions of Subsection (4)(g), above.

b. Shall comply with Section 98-905, Conditional use review and approval.

(h) 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.

1. Permitted by right (PI, GI, HI):

a. Adequate parking, per the requirements of Section 98-704, shall be provided for customers. Said parking shall be in addition to that required for customary light industrial uses.

b. The total area devoted to sales activity shall not exceed 25% of the total area of the buildings on the property except that the total area devoted to sales activity shall not exceed 75% of the total area of the buildings for artisan studio uses, such as ceramics, jewelry, glass, sculpture and other studio uses.

c. Shall provide restroom facilities directly accessible from retail sales area.

d. Retail sales area shall be physically separated by a wall from other activity areas.

2. Conditional use regulations: not applicable.

(i) Light industrial activities incidental to indoor sales or service land use.

Description: These land uses include any light industrial activity conducted exclusively indoors which is incidental to a principal land use, such as indoor sales or service, on the same site.

1. Permitted by right (PB, GB):

a. Indoor storage up to 50% of the floor area ratio (FAR) will be permitted if located in the same building as the principal use.

2. Conditional use regulations (PB, NB, GB, CB):

a. 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. However, artisan studio activities for such products as pottery, stained glass, jewelry, custom fabrics, weaving, needlecrafts, painting, sculpture, custom woodworking, basketry, metalwork, candle making, leatherworking, soap making and limited production activities (as determined by the Plan Condition) may exceed these limits by consideration and approval through the conditional use process.

b. Production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by Section 98-709 for all adjacent properties.

c. Indoor storage in a separate building or indoor storage greater than 50% of the floor area ratio (FAR) located in the same building as the principal use will require a conditional use permit.

d. Shall comply with Section 98-905, procedures applicable to all conditional uses.

(j) Home occupation.

Description: It is the intent of this section to provide a means to accommodate a small home-based family or professional business without the necessity of rezoning from a residential to a commercial district. Approval of an expansion of a home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary. Home occupations are economic activities performed within any single-family detached residence which comply with the following requirements. Examples include personal and professional services, and handicrafts, which comply with all of the following requirements:

1. Permitted by right (all districts):

a. The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.

b. There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

c. No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.

d. No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

e. Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall not exceed three square feet.

f. The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to and from the premises.

g. A permitted home occupation is restricted to a service-oriented business prohibiting the manufacturing of items or products or the sale of items or products on the premises. Examples of service-oriented business are, but are not limited to, computer programming, accounting, insurance agency and computer-based consulting and clerical services.

h. A permitted home occupation shall not occupy more than 30% of the floor area of the dwelling.

i. Persons employed by a permitted home occupation shall be limited to the resident family members and no more than one nonresident employee.

j. Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.

2. Conditional use regulations:

a. The Plan Commission may approve home occupations in residential districts which do not meet the standards in Subsection (8)(j)1, above, as conditional uses. The standards in Section 98-905 shall be applicable.

b. The types and numbers of equipment or machinery used on the conditional use site may be restricted by the Plan Commission.

c. Sale or transfer of the property or expansion of the home occupation shall cause the conditional use permit to be null and void.

(k) 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 fewer than four children is not subject to the regulations of this chapter.

1. Permitted by right: RH, CR-5ac, ER-1, SR-3, SR-4, TR-6, MR-8.

2. Conditional use regulations: not applicable.

State law reference: § 66.304(b)(2), Wis. Stats.

(l) Intermediate day care home (nine to fifteen children).

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

1. Permitted by right: not applicable.

2. Conditional use regulations: RH, CR-5ac, ER-1, SR-3, SR-4, TR-6, MR-8.

State law reference: § 66.304(b)(2), Wis. Stats

(m) Migrant labor camp. Migrant labor camps include any facility subject to the regulation of § 103.90, Wis. Stats.

1. Permitted by right: not applicable.

2. Conditional use regulations (RH and HI):

a. Shall be surrounded by a buffer yard with a minimum opacity of 0.60 along all property lines adjacent to all properties in residential, office or commercial zoning districts (see Section 98-610).

b. Migrant labor camp shall be an accessory use to an active principal use, under the same ownership, which is associated within the City of Lake Geneva.

c. Shall comply with Section 98-905, Conditional use review and approval.

(n) On-site parking lot.

Description: On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed and operative. Refer also to Section 98-704.

1. Permitted by right (all districts):

a. Access to an off-site parking lot shall only be permitted to a collector or arterial street.

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

2. Conditional use regulations: not applicable.

(o) Private residential recreational facility.

Description: This land use includes all active outdoor recreational facilities located on a private residential lot, which are not otherwise listed in Table 93-203. Materials and lighting shall limit light levels at said property line to be equal to or less than 0.5 footcandles (see Section 98-707). All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures (see Article 4, Bulk Regulations). Common examples of these accessory uses include swing sets, tree houses, basketball courts, tennis courts, swimming pools, and recreational-type equipment.

1. Permitted by right (all districts):

a. Access to an off-site parking lot shall only be permitted to a collector or arterial street.

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

2. Conditional use regulations: not applicable.

(p) Private residential kennel.

Description: A maximum of any combination of three dogs and/or cats (over six months of age) are permitted by right for any one residential unit. Any residence housing a number of dogs and/or cats exceeding this number shall be considered a private residential kennel. Such a kennel (dogs only) shall require licensing by the City of Lake Geneva. In addition to those requirements, a private residential kennel shall meet the following requirements:

1. Permitted by right: all districts for any combination of three (or fewer) dogs and/or cats over six months of age.

2. Conditional use regulations (RH):

a. For any number over three animals, a maximum of one additional animal per five acres shall be permitted.

b. Outdoor containments for animals shall be located a minimum of 25 feet from any residentially zoned property and shall be screened from adjacent properties.

c. Shall comply with Section 98-905, procedures applicable to all conditional uses.

(q) 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.

1. Permitted by right: not applicable.

2. Conditional use regulations (RH):

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

b. A maximum of one horse per five acres of fully enclosed, by fencing and/or structures, area is permitted.

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

d. The requirements of Subsection 98-206(4)(k) shall also apply to private residential stables.

e. Shall comply with Section 98-905, Conditional use review and approval.

(r) 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, snowmelt, and/or channelized flows across, within and/or away from a site.

1. Permitted by right (all districts):

a. Shall comply with Section 98-206(10) for the placement of drainage structures in permanently protected green space areas.

b. Shall comply with Section 98-206(10) regarding protection measures for drainageways.

c. Any drainage improvement shall not increase the rate or volume 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. Conditional use regulations: not applicable.

(s) 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.

1. Permitted by right (all districts):

a. Shall comply with Section 98-204 regarding filling activities in permanently protected green space areas.

b. Shall comply with Article 5, Natural Resource Protection Regulation, regarding protection measures for natural resources.

c. Shall not create drainage onto other properties.

d. Shall not impede on-site drainage.

e. Shall comply with provisions of the Subdivision and Platting Ordinance.[1]

[1] Editor's Note: See Ch. 66, Subdivisions.

2. Conditional use regulations: not applicable.

(t) Lawn care.

Description: Lawn care includes any activity involving the preparation of the ground, and installation and maintenance of vegetative ground cover (including gardens) which complies with the City of Lake Geneva Code of Ordinances. Lawn care is not permitted in certain permanently protected green space areas, see Section 98-509.

1. Permitted by right: all districts.

2. Conditional use regulations: not applicable.

(u) Individual septic disposal system.

Description: This land use includes any state-enabled, county-approved septic disposal system.

1. Permitted by right: not applicable.

2. Conditional use regulations (RH, CR-5ac, ER-1):

a. Minimum lot size of 0.5 acre.

b. Shall comply with Article 5, Natural Resource Protection Regulations, regarding protection measures for natural resources.

c. Shall comply with Section 98-905, Conditional use review and approval.

(v) Exterior communications devices (e.g. satellite dishes, ham radio towers, TV antennas).

Description: This land use includes any antennas use for communication reception.

1. Permitted by right (all districts):

a. Except for television antennas and satellite dishes which are 18 inches or smaller, exterior communications devices shall not be visible from a public street.

b. Devices must be sited an equal or greater number of feet from any property lines as their maximum height and may not be located in a required street yard.

c. The applicant must demonstrate that all reasonable mechanisms have been used to mitigate safety hazards and the visual impacts of the device.

2. Conditional use regulations: not applicable.

(w) Caretaker's residence.

Description: This land use includes any residential unit which provides permanent housing for a caretaker of the subject property in either an attached or detached configuration.

1. Permitted by right: not applicable.

2. Conditional use regulations (CR-5ac and ER-1):

a. Shall provide housing only for on-site caretaker and family.

b. Shall comply with Section 98-905, standards and procedures for all conditional uses.

(x) (Reserved)

(y) 

Short-term rental.

Description: Includes all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists and transients for more than six but fewer than 29 consecutive days (hereinafter "STR"). It does not include private boardinghouses or rooming houses not accommodating tourists or transients, or bed-and-breakfast establishments regulated under ACTP 73.

1. Permitted by right. All zoning districts where "residential dwellings" are permitted, as that term is defined in § 66.1014, Wis. Stats.

a. Land use requirement. An STR shall only be located as an accessory land use within zoning districts that allow residential dwellings, as that term is defined in § 66.1014, Wis. Stats.

b. Annual City license required. STRs shall operate only during the valid period of an annual City of Lake Geneva STR license (hereinafter "Annual License") for each calendar year. If the STR is transferred or there is any change of ownership of the STR during the valid period of an Annual License, the new owner must apply for a license as defined in this Subsection (8)(y) before operating the STR. Licenses may not be transferred. When the license is issued, it will include a registration number (hereinafter "STR License Number") that must be displayed as defined in this Subsection (8)(y). Operating an STR without a current version of a valid Annual License shall be considered a violation of this chapter, and the property owner shall be subject to the penalties of Section 98-936. The following information shall be provided on an annual basis, before issuance of said Annual License:

i. Completed City of Lake Geneva short-term rental application, which includes the property owner's name, address, and phone number; the designated operator's name (as defined in Subsection (8)(y)(1)(c)(vii)), address, and phone number; and the period of operation of up to 180 days in a 365-day period, which must be consecutive;

ii. A current floor plan for the STR to include room dimensions (length, width, and ceiling height), bedding in each sleeping room including the mattress size of each bed, and a site plan of the property to include property dimensions showing on-site parking spaces, all bedrooms with ceiling heights, and trash storage areas;

iii. Requested maximum occupancy that complies with Wis. Adm. Code § ATCP 72.14 for hotels, motels, and tourist rooming houses, as outlined in Subsection (8)(y)(1)(c)(vi).

iv. General Building Code inspection by the City, and submittal of official Building Code inspection report with no outstanding compliance orders remaining;

v. Proof of valid property and liability insurance for the dwelling unit;

vi. State of Wisconsin tourist rental house license;

vii. City of Lake Geneva room tax permit;

viii. City of Lake Geneva general business license;

ix. Payment of an administrative fee, set by City Council resolution, to cover the costs to the City of administering the above. The City of Lake Geneva Annual License shall be issued with the completion of the above requirements and compliance with the City's Room Tax Ordinance.[2]

[2] Editor's Note: See Ch. 70, Taxation, Art. III.

x. Each year, the Annual License must be renewed by January 31. Failure to renew and pay license fees by January 31 will result in a late fee of $250.

c. Property management requirements. Each STR shall be managed consistent with the following requirements:

i. The total number of days of operation within any 365-day period of an Annual License shall not exceed 180 consecutive days (hereinafter "rental season"). This period of STR operation shall be specified by the property owner in the required Lake Geneva Annual License application.

ii. The stay of a guest in an STR (hereinafter "rental") is calculated on the number of nights stayed between the arrival date and departure date.

iii. The minimum rental booking period shall be a minimum of seven consecutive days by any one party. "Rental booking period" shall be identified as the date between one rental arrival and the next rental arrival. A rental must be for at least two nights and may not arrive within seven days of the prior guest arriving at the STR. For example, if a rental arrives on June 1, the earliest the next rental could arrive is on June 8.

iv. During the days of the Annual License that is outside of the rental season ("rental off-season") the rental booking period shall be a minimum of 29 days. For example, if the property is rented November 1 through November 7, it cannot be rented again until November 30.

v. Similar facilities in which single-family detached homes are available for less than seven days, more than 180 nights, or throughout the year, are a different land use that falls within the indoor commercial lodging land use category.

vi. The maximum number of occupants shall not exceed the limits set forth in Wis. Adm. Code § ATCP 72.14 for hotels, motels, and tourist rooming houses. Every sleeping room shall be of sufficient size to afford at least 400 cubic feet (12 cubic meters) of air space for each occupant over 12 years of age and 200 cubic feet (six cubic meters) for each occupant 12 years and under. Every sleeping room shall have a minimum ceiling height of seven feet (2.13 meters). No greater number of sleeping occupants than the number established by the application of these standards is permitted in any sleeping room. The maximum number of occupants will be determined and listed on the Annual License issued by the City of Lake Geneva.

WI Statute ATCP 72.14(2)(b) Size of sleeping rooms. Every sleeping room shall be of sufficient size to afford at least 400 cubic feet (12 m³) of air space for each occupant over 12 years of age and 200 cubic feet (6 m³) for each occupant 12 years and under. Every sleeping room shall have a minimum ceiling height of 7 feet (2.13 m). No greater number of sleeping occupants than the number established by the application of these standards is permitted in any sleeping room.

vii. The STR shall be operated by the property owner or by a property manager explicitly designated in the valid Lake Geneva Annual License application as the "designated operator." If the STR owner does not act as the designated operator, the STR owner must enter into a valid management contract beyond marketing and accounting services, with a company to act as the designated operator. The designated operator must have all of the powers of the STR owner in the STR owner's absence.

viii. The property owner's and the designated operator's names, addresses, and 24-hour phone numbers shall be provided in the City of Lake Geneva rental Annual License application and shall be updated within 24 hours upon any change in the designated operator or the designated operator's contact information.

ix. The designated operator must reside or have their Lake Geneva STR management business located within 25 miles of the STR parcel.

x. The designated operator must be available by phone and able to respond promptly to the property 24 hours a day, seven days a week, during the period of operation designated in the Lake Geneva Annual License application.

xi. Each designated operator shall maintain a guest register for each rental and shall require the primary guests to register their true names and addresses before allowing occupancy. The guest register shall also include the rental arrival date, rental departure date, number of adult occupants, and consideration paid for the rental. The guest register shall be kept intact and available by the designated operator for inspection by representatives of the City for at least one year from the day of the conclusion of the period of operation.

xii. Annual License and emergency contact information must be posted in a conspicuous area within the property at all times.

d. STR operational requirements. Each STR shall be operated per the following requirements:

i. The "Requirements for Short-Term Rental Guests" form provided by the City of Lake Geneva to summarize City requirements for STRs, and the site plan for the subject property clearly depicting guest parking spaces and the rear yard, shall be posted on the inside of the front door of each throughout its period of operation.

ii. Parking requirements:

a. A minimum of two off-street parking spaces shall be provided on the subject property for each STR. If the STR provides three or more bedrooms, an additional on-site parking space is required for each additional bedroom over two.

b. No parking is permitted on gravel, lawn, or planter bed areas.

iii. Site appearance requirements:

a. Aside from a changing mix of guests and their vehicles, there shall be no evidence of the property being used as an STR visible on the exterior of the subject property.

b. No exterior signage related to the STR is permitted, other than the property address.

c. No outdoor storage related to the STR land use is permitted, except for typical residential recreational equipment, and outdoor cooking facilities which are not permitted in the front yard. The STR and property must abide by the Zoning Ordinance in Municipal Code Chapter 98.

d. No recreational vehicle, camper, tent, or other temporary lodging arrangement shall be permitted to accommodate guests.

iv. Neighborhood impact requirements:

a. STRs, including guests, must abide by City ordinances, including those defined in Municipal Code Section 46-4, Subsection (b) regarding loud and/or unnecessary noise.

Municipal Code Section 46-4, Subsection (b) Loud and/or unnecessary noise prohibited. It shall be unlawful for any person to make, continue, or cause to be made or continued any loud and/or unnecessary noise.

v. STR advertising:

a. No outdoor advertising is allowed on the subject property.

b. The STR shall not be advertised for availability in any form of media until the required State of Wisconsin Tourist Rooming House License and the City of Lake Geneva Annual License have been issued.

c. The STR shall not advertise a maximum adult capacity that exceeds the license provided by the City of Lake Geneva.

d. All listings, websites, posts, and advertisements ("rental marketing") must display the Lake Geneva STR Number, except for when the advertisement includes a web link/URL and the Lake Geneva STR Number is displayed on the page presented to the user when viewing the web link/URL. For clarity, if rental Marketing does not contain a web link/URL with the STR Number displayed on it and contains other means for a consumer to make contact about an STR or to book a rental, the Lake Geneva STR Number must be displayed. Examples of these other contact methods include, but are not limited to, mailing address, physical address, phone number, email, messaging of any kind, and any form in which a consumer's contact information is captured.

e. All rental marketing must include the maximum on-site parking spaces available at the property per this Subsection (8)(y) before confirming a booking of a rental.

e. Access and inspections.

i. The City shall be authorized at all reasonable times upon reasonable notice to the owner, and with either the owner's consent or a special inspection warrant under § 66.0119, Wis. Stats., except in cases of emergency where no special inspection warrant is required, and as provided in § 66.0119(2), Wis. Stats., to enter and examine any building, structure, or premises, for the purpose of ensuring compliance with this chapter. If the owner declines to consent to an inspection without a warrant, the City may not conduct an inspection under this section without first obtaining a special inspection warrant under § 66.0119, Wis. Stats., except in cases of emergency where no special inspection warrant is required, and as provided in § 66.0119(2), Wis. Stats. The owner, agent, or occupant of any such premises who refuses to permit, or prevents or interferes with any entry into or upon the premises by any such inspector with a special inspection warrant or in cases of emergency where no inspection warrant is required and as provided in § 66.0119(2), Wis. Stats., shall be in violation of this section. It is not a violation of this section to refuse to grant voluntary consent to an inspection.

ii. The City has adopted the Knox-Box® key box system providing for the installation of miniature vaults that are placed upon the exterior buildings, gateposts, or other applicable locations. Contained within the vault are the keys that will allow access to the STR in emergency situations.

a.

iii. Designated operators and owners are encouraged but not required to install the Knox-Box® systems on their STRs. If a Knox-Box® is installed on the property, the City asks STR owners to state the location of the Knox-Box® in the Lake Geneva Annual License. Designated operators and owners of STRs acknowledge that the City shall not be obligated for damages occurring to STRs in the event emergency access to an STR is required and there is no Knox-Box® system installed on the property.

f. Penalties and license revocation.

i. Operating an STR without a Tourist Room House License from the State of Wisconsin and an Annual License from the City of Lake Geneva is prohibited. STRs found to be operating without the proper permits will be cited $1,000 per day and required to pay room taxes and penalties for prior rentals if not yet paid per Municipal Code Chapter 70, Article III. Violations of the requirements for STRs, the provisions of the Annual License, and all other provisions of this Subsection (8)(y) are subject to separate daily citations per Section 98-936 and this ordinance. Citations for violations of this chapter will be issued to and will be the responsibility of the property owner.

ii. Major violations of this Subsection (8)(y) are subject to citations and license revocation. The following are considered major violations:

a. Rental marketing that does not advertise or falsely advertises information as required in this Subsection (8)(y), including, but not limited to, maximum capacity and available on-site/off-street parking as provided with the Annual License as defined in Subsection (8)(y)(1)(d).

b. No designated operator within 25 miles. The designated operator must have all of the powers of the STR owner in the STR owner's absence.

c. Failure to display the STR License Number as defined in Subsection (8)(y)(1)(d).

d. Failure to pay room tax and to submit timely reporting. Room tax that is more than 30 days late may constitute a violation.

e. Failure to report rentals from all forms of all advertising media monthly in conjunction with room tax payment (see item d. above).

f. Renting outside the requirements defined in Subsection (8)(y)(1)(c), including, but not limited to, having more than one rental arrive in a rental booking period.

iii. Penalties for major violations of this Subsection (8)(y) are based on the number of violations in a rolling 12-month period as follows:

a. First: $250 citations and court costs (citations are per day of violation). For example, the owner rents a three-night weekend beyond the permitted time, which equals three tickets for that rental.

b. Second: $500 citations and court costs (citations are per day of violation) and suspension of Annual License for three months.

c. Third: $1,000 citations and court costs (citations are per day of violation) and suspension of Annual License for one year.

d. Fourth: Permanent revocation of Annual License and future ability to get an Annual License for the STR property.

iv. Minor violations, are those caused by renters or guests of a rental.

a. Examples include excessive noise, disruptive behavior, and related incidents that require law enforcement intervention.

b. Failure to remove refuse containers from the street in accordance with Municipal Code Section 58-45.

v. Minor violations penalty. If renters or guests of a rental receive three citations from the Police Department for violations that occur at the same STR in separate rentals within a rolling 12 months, this shall constitute a major violation of this Subsection (8)(y). Each violation beyond the initial three minor violations within a rolling 12 months shall be cited as a major violation.

2. Resident reporting. Residents who witness and experience major or minor STR violations are encouraged to report violations to the City of Lake Geneva Citizen Action Request/Complaint Form, the Police Department non-emergency line (262-248-4455), the property owner, or the property operator. In addition, it may be helpful to document the violations. The reporting method is dependent on the severity of the violation. No adverse action will be taken against a resident for reporting STR violations.

(z) 

In-family suite.

Description: A self-contained dwelling unit that is accessory to the principal dwelling unit on a property that is intended to be occupied by related family members, blood-related or otherwise.

(1) Rules to distinguish a one-family dwelling with an in-family suite, from a two-family dwelling:

(a) The dwelling unit shall appear as a single-family dwelling. A separate walled garage area and/or driveway is not permitted;

(b) A separate address is not permitted;

(c) Separate utility connection and/or meters are not permitted;

(d) A physical all-weather connection between the main living area and the in-family suite must be present. This required connection may not occur through an attic, basement, garage, porch, or other nonliving area. A door may be used to separate the in-family suite from the rest of the dwelling unit, but may not be locking, except that a locking door may be used for the bedroom and/or bathroom doors of this in-family suite;

(e) The in-family suite may contain separate kitchen, dining, bathroom, laundry, living, sleeping and recreation areas, including exterior porches, patios, and/or decks. In addition to the internal physical connection required above, separate outdoor access and/or separate access to the garage may be provided. However, external stairs which serve as the primary access to the in-family suite are prohibited;

(f) The in-family suite may not be occupied by a nonfamily member (as defined by the State of Wisconsin One- and Two-family Dwelling Code);

(g) In-family suites should be considered and regulated as part of a single-family dwelling unit;

(h) When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as, an in-family suite, the building plan shall be marked as "not a separate dwelling unit or apartment," and a signed letter from the applicant stating agreement with this condition shall be required.

(9) Temporary land uses.

(a) General temporary outdoor sales (NB, PB, GB, CB):

Description: Includes the display of any items outside the confines of a building, which is not otherwise permitted as a permitted or conditional use, or a special event otherwise regulated by the City of Lake Geneva Municipal Code. Examples of this land use include but are not limited to seasonal garden shops, tent sales, and bratwurst stands.

1. Temporary use regulations:

a. Display shall be limited to a maximum of 12 days in any calendar year.

b. Display shall not obstruct pedestrian or vehicular circulation, including vehicular site distances.

c. Signage shall comply with the requirements for temporary signs in Section 98-807.

d. Adequate parking shall be provided.

e. If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

f. Shall comply with Section 98-906, standards and procedures applicable to all temporary uses.

(b) Outdoor assembly (all districts):

Description: Includes any organized outdoor assembly of more than 100 persons.

1. Temporary use regulations:

a. Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

b. Signage shall comply with the requirements for temporary signs in Section 98-807.

c. Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the application.

d. If subject property is located adjacent to a residential area, activities shall be limited to daylight hours.

e. Adequate provisions for crowd control shall be made, and shall be described within the application.

f. Shall comply with Section 98-906, standards and procedures applicable to all temporary uses.

(c) Contractor's project office (all districts):

Description: Includes any structure containing an on-site construction management office for an active construction project.

1. Temporary use regulations:

a. Structure shall not exceed 2,000 square feet in gross floor area.

b. Facility shall be removed within 10 days of issuance of occupancy permit.

c. Shall not be used for sales activity. (See subsection (9)(f), below.)

d. Projects requiring said land use to be in place for more than 365 days shall require a conditional use permit.

e. Shall comply with Section 98-906, standards and procedures applicable to all temporary uses.

(d) Contractor's on-site equipment facility (all districts):

Description: Includes any structure or outdoor area designed for the on-site storage of construction equipment and/or materials for an active construction project.

1. Temporary use regulations:

a. Facility shall be removed within 10 days of issuance of occupancy permit.

b. Projects requiring said land use to be in place for more than 365 days shall require a conditional use permit.

c. Shall be limited to a maximum area not exceeding 10% of the property's gross site area.

d. Shall comply with Section 98-906, standards and procedures applicable to all temporary uses.

(e) Relocatable building (NO, PO, NB, PB, GB, CB, PI, GI, HI):

Description: Includes any manufactured building which serves as a temporary building for less than six months. (Facilities serving more than six months shall be considered conditional uses and subject to the general standards and provisions presented in Section 98-905.)

1. Temporary use regulations:

a. Shall conform to all setback regulations.

b. Shall conform to all Building Code regulations.

c. Shall comply with Section 98-906, standards and procedures applicable to all temporary uses.

(f) On-site real estate sales office (all districts):

Description: Includes any building which serves as an on-site sales office for a development project.

1. Temporary use regulations:

a. Structure shall not exceed 5,000 square feet in gross floor area.

b. Facility shall be removed or converted to a permitted land use within 10 days of the completion of sales activity.

c. Signage shall comply with the requirements for temporary signage in Section 98-807.

d. Projects requiring said land use to be in place for more than 365 calendar days shall require a conditional use permit.

e. Shall comply with Section 98-906, standards and procedures applicable to all temporary uses.

(g) Seasonal outdoor sales of farm products (RH, NB, PB, GB, CB, PI, GI):

Description: Includes any outdoor display of farm products not otherwise regulated by the City of Lake Geneva Code of Ordinances.

1. Temporary use regulations:

a. Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

b. Signage shall comply with the requirements for temporary signs in Section 98-807.

c. Adequate parking shall be provided.

d. If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

e. Shall comply with Section 98-906, standards and procedures applicable to all temporary uses.

(h) Tents (RH, CR, ER, SR, TR, MR):

Description: Includes any structure or enclosure consisting of a pliable material, constructed or erected for the purposes of shelter.

1. Tents shall not be erected, used, or maintained for dwelling, lodging, or other purposes, except as may be used for incidental recreation purposes when erected on the same lot as a residential dwelling and used only by the residents of the dwelling.

(i) Residential garage sales (RH, CR-5, ER-1, SR-3. SR-4, TR-6, MR-8):

Description: Includes any temporary sales operation conducted in a residential zoning district.

1. Temporary use regulations:

a. Residential garage sales shall be limited to two events per calendar year.

b. Each residential garage sale event shall be limited to three consecutive days.

c. Residential garage sale events must be separated by a minimum of 7 consecutive days.

(10) Natural resource disruption and required mitigation standards. For all land uses, disruption to natural resource areas shall comply with the requirements of the Subdivision Ordinance[3] pertaining to drainage, grading and erosion control. All land uses located within permanently protected green space areas shall comply with the following:

(a) Cultivation.

1. Permitted as a conditional use (other permanently protected green space areas):

a. Permitted only if designated on the submitted site plan, and/or the recorded plat or certified survey as an "area which 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 20-foot-wide area.

(c) Active outdoor public recreational area.

1. Permitted by right (other permanently protected green space areas):

a. Nonnative vegetation shall not be permitted to spread into permanently protected natural resource areas.

2. Permitted as a conditional use: floodfringe.

(d) Outdoor institutional.

1. Permitted by right: (other permanently protected green space areas):

a. Nonnative vegetation shall not be permitted to spread into permanently protected natural resource areas.

(e) Lawn care.

1. Permitted by right: (other permanently protected green space areas):

a. Nonnative ground cover shall not be permitted to spread into permanently protected natural resource areas. Clearance of understory growth shall be permitted.

2. Permitted as a conditional use (all permanently protected natural resource areas except wetlands):

a. Only disturbance associated with the care of native vegetation is permitted, with the exception of a 20-foot-wide access path which may be cleared for passive recreational purposes.

b. Each property abutting a natural resource area shall be limited to one such access path.

c. Nonnative vegetation (such as domestic lawn grass) shall not be introduced into natural resource areas beyond said 20-foot-wide access path.

(f) Golf course.

1. Permitted by right (other permanently protected green space areas except wetlands):

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 which 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.

(g) Any permitted temporary use.

1. Permitted by right (other permanently protected green space areas):

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 chapter (Section 98-906).

(h) Drainage system.

1. Permitted as a conditional use (all permanently protected green space areas):

a. Structure shall not be deemed necessary by the City Engineer.

b. Natural vegetation shall be restored in disturbed areas.

(i) Filling.

1. Permitted as a conditional use (all permanently protected green space areas):

a. Filling in the floodway 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.

b. Natural vegetation shall be restored in disturbed areas.

c. In no instance shall filling raise the base flood elevation.

(j) Individual septic disposal system.

1. Permitted as a conditional use (other permanently protected open space):

a. Shall not locate closer than 30 feet to any other permanently protected natural resource area.

(k) Road and/or bridge.

1. Permitted as a conditional use: (all permanently protected green space areas):

a. May locate in or across a natural resources areas only in conjunction with a boat landing, or when deemed essential by the Department of Public Works.

b. 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 which cannot be efficiently reached from another point.

c. Road networks shall be designed to circumvent permanently protected green space areas, thereby eliminating the need for intrusions and crossings.

(l) Utility lines and related facilities.

1. Permitted as a conditional use (all permanently protected green space areas):

a. May locate in or across a natural resource areas only when deemed essential by the Department of Public Works.

b. 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 which cannot be efficiently reached from another point.

c. In general, utility lines shall be designed to circumvent permanently protected green space areas, thereby eliminating the need for intrusions and crossings.

(m) Piers and wharfs.

1. Permitted as by right (all permanently protected green space areas):

a. A site plan shall be required per Section 98-908 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.

b. In the area known as "Baker Park," those piers subject to the provisions of the park dedication and subsequent resolution, the permitted use of piers or wharves shall be those uses specified as principal or conditional uses for the zoning district of the parcel from which the right to the pier or wharf arises. This chapter is not intended to supersede those rights given to those property owners under the original Baker Park dedication.

(n) Fences per the requirements of Section 98-720.

1. Permitted as by right: woodland and steep slope districts.

2. Permitted as by conditional use (all permanently protected green space areas not specified above):

a. Under no circumstances shall a fence be erected which encumbers in any way the public access and use of the lakeshore path in the Lakeshore Overlay Zoning District.

[3] Editor's Note: See Ch. 66, Subdivisions.

Sec. 98-207 Nonconforming use regulations.

[1-19-2022]

(1) Definition. A nonconforming use is an active and actual use of land or structures, or both; legally established prior to the effective date of this chapter or subsequent applicable amendments 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. Any legal use under the previous Zoning Ordinance which is made nonconforming by this chapter may apply for a conditional use permit (per Section 98-905) to be granted legal conforming status. Any legal use under the previous zoning map which is made nonconforming by a change to the Official Zoning Map may apply for a zoning map amendment (per Section 98-903) to an appropriate zoning district to be granted legal conforming use status.

(3) Modification of a nonconforming use.

(a) Except as permitted in Subsection (3)(b), below, a nonconforming use shall not be expanded, 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 Zoning Administrator). 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.

(b) A nonconforming nonresidential use which is not served by public sanitary sewer and/or public water may be permitted to expand if said facilities are not available within 1,000 feet of the subject property, and upon the granting of a conditional use permit per the requirements of Section 98-905.

[Ord. No. 14-03]

(4) Discontinuance of a nonconforming use. When any nonconforming use of any structure or land is discontinued for a period of 12 months, or is changed into a conforming use, 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. The normal maintenance of a structure or land containing or related to a nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this chapter. In no instance shall said repairs exceed over the life of the structure, 50% of the present equalized assessed value of said structure or property prior to said repairs.

(6) Reconstruction of two-family dwellings in areas formally zoned R-2: A legal, nonconforming two-family structure which is destroyed by fire, tornado or other disaster may apply for construction as a conditional use to be reconstructed so as not to expand the floor area nor footprint of the structure, if said structure is located in an area which was zoned to permit two-family dwellings on the day preceding the effective date of this chapter.

(7) Nonconforming lots, structures, and buildings. See Sections 98-307, 98-408 and 98-409 and 98-410.

Sec. 98-208 Group developments.

[1-19-2022; 5-12-2025 by Ord. No. 25-04]

(1) Definition. A group development is any development containing two or more structures containing principal land uses (as listed in Table 98-203) on the same lot, or two or more nonresidential uses on the same lot. Common examples of group developments include apartment or condominium complexes, shopping centers, multi-tenant buildings, office centers with two or more structures, and one-building commercial strip centers.

(a) Exceptions. The following situations are exempt from the requirements of this section:

1. Upper-story commercial indoor lodging land uses in the Central Business Zoning District.

2. Planned Development Zoning District.

(2) Regulation of group developments. Group developments are permitted as conditional uses in all zoning districts. Any land use which is permitted within the applicable zoning district(s) is permitted to locate within a group development. The land use regulations of this section, as well as Section 98-206 and all other applicable provisions of this chapter shall apply to the group development. The requirements of Section 98-905 shall apply to the review of proposals for group developments.

(3) Specific development standards for group developments.

(a) Land uses and development shall comply with the applicable requirements of this Chapter, including, but not limited to, standards unique to each land use as defined in Article 2, density, intensity, bulk, setback, and building separation requirements; building and site design standards; landscaping and green space requirements; access; parking; loading requirements; and signage requirements.

(b) All development located within a group development, including individual principal and accessory structures, shall comply with the intent of this chapter regarding setbacks from lot lines. All buildings shall be situated so that they meet minimum setbacks and as if they were placed on individual lots, allowing for the possibility of subdivision of the group development in the future. Building envelopes shall be depicted on the site plan required for review of group developments.

(c) All nonresidential projects shall take access to an arterial or collector street.

(d) All required off-street parking spaces and access drives shall be located entirely within the boundaries of the group development.

(e) Parking lots or structures should not visually dominate the site. Parking areas should be located at the side or rear of principal buildings wherever possible. Parking areas located between a principal building and the street shall be screened with landscaping, screening wall, and/or solid fence.

(f) The development shall contain a sufficient number of waste bins to accommodate all trash and waste generated by the land uses in a convenient manner.

(4) Changes to an approved group development.

(a) Following initial issuance of a conditional use permit for the group development, all subsequent changes determined to be significant by the Zoning Administrator to site design and building design (including addition of structures, addition to structures, and expansions of parking or storage areas) in the group development shall require an amendment to the conditional use permit regardless of individual land use(s).

(b) Changes to individual land uses within a group development listed as permitted uses within the applicable zoning district are allowed without amendment to the group development, unless the conditional use permit placed restrictions on change of use.

(c) Changes to individual land uses within a group development listed as conditional uses within the applicable zoning district shall be allowed only by amendment of the conditional use permit regardless of whether the use entails modifications of the building and/or site layout in the group development, unless the change in use is defined as a successor conditional use as defined in Section 98-905(15) of this chapter.

(5) Discrimination against condominium forms of ownership. It is not the intent of this section, nor any other provision of this chapter, to discriminate against condominium forms of ownership in any manner which conflicts with § 703.27, Wis. Stats. The provisions of this section are designed to ensure that condominium forms of ownership are subject to the same standards and procedures of review and development as other physically identical forms of development.