Principal and special exception use definitions and additional regulations. For the purpose of this chapter, the following terms and uses are defined as follows. Additional regulations pertaining to specific uses shall apply as listed.
ADULT ENTERTAINMENT ESTABLISHMENTS(1) Purpose: The purpose is to control through zoning regulations certain adult-oriented entertainment uses that have a direct and detrimental effect on the character of the Town's residential neighborhoods and commercial areas. The Town shall not impose a limitation on the content of any communication materials, including sexually oriented materials as protected by the First Amendment.
Definitions.
(a) ADULT-ORIENTED ENTERTAINMENT BUSINESSAn adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, or any other business whose primary business activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse as defined herein.
NUDITYThe showing of the human male or female genitals or pubic area with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state and/or the appearance of bare buttocks, anus, or female breast.
SEXUAL CONDUCTActs of masturbation, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks, or, if such person be a female, her breast.
SEXUAL EXCITEMENTThe condition of human male or female genitals when in a state of sexual stimulation or arousal.
Applicability. These provisions shall apply to all existing and future adult-entertainment-oriented businesses. However, any such existing business that does not meet the zoning district restrictions or the distance limitations may continue its existence as a nonconforming use; provided, however, that no such business may be enlarged or increased in size or be discontinued for a period of no more than 180 days.
General regulations.
(a) Zoning district. Adult-use-only bookstores, adult theaters, adult massage parlors, adult saunas, adult entertainment centers, adult cabarets, adult health/sport clubs, adult steam room/bathhouse facilities, and other adult-oriented entertainment businesses sexual in nature may be operated or maintained only within the IND Industrial District with a valid special exception as required by this chapter; and provided that it is located on a minor or major arterial road and subject to the distance limitations noted below.
Distance limitations. No adults-only bookstore, adult theaters, adult massage parlor, adult cabaret, health/sport club, adult steam room/bathhouse facility, or other adult-oriented entertainment businesses as defined shall:
[1] Be operated or maintained within 1,000 feet of the boundary of any residential district.
Be operated or maintained within 1,000 feet of a church, recreational site, licensed day care facility, public library, public or private educational facility which serves persons aged 17 or younger, elementary school, high school, place of worship, or elderly housing facility;
Be operated or maintained so that there are no more than two such businesses within 2,500 feet as measured by the radius from each business;
Be set forth herein shall be measured in a straight line from the main public entrances of said premises or from the lot lines of properties in any residential district.
Be located in the same building or upon the same property as another such use.
Be permitted more than one sign advertising its business, which shall be wall sign only. All such signs shall meet the following criteria:
[a] Have no merchandise or pictures of the products or entertainment on the premises displayed in window areas or any area where they can be viewed from the sidewalk in front of the building;
No sign shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only;
No sign shall contain any flashing lights, moving elements, or mechanically changing messages;
No sign shall contain any depiction of the human form or any part thereof nor shall it contain sexually explicit language such as "nude dancing" or "girls, girls, girls," etc.;
No sexually-oriented business may have any off-premises sign;
In order to allow currently operating adult-oriented entertainment businesses to recover their financial investment in current signage, any currently operating adult-oriented entertainment business shall bring its signage into conformity with the provisions of this subsection within one year from the date of passage of this chapter.
Operating standards. All such adult-oriented entertainment businesses shall operate in accordance with the following:
[1] No employee shall solicit business outside the building in which the business is located;
No male or female person, while on the premises, shall impose to public view his or her genitals, pubic area, anus, or anal cleft. Full nudity is prohibited;
No person on the premises shall engage in sexual conduct, sadomasochistic abuse or in any way fondle their genitals;
Nudity is prohibited for any employee of an adult-oriented business where such person is in direct, personal contact with another person.
Building's exterior appearance. The building's exterior shall meet the following criteria:
[1] Colors to be earth or neutral tones with primary accent colors to be within the same color family;
Stripes and geometric patterns are prohibited;
A color scheme which is directly inherent to a unique recognized architectural style but not otherwise compliant with this article may be reviewed and approved by the Town Board;
The exterior shall be adequately maintained in good condition.
AGRICULTURE/AGRIBUSINESS ADJUNCT USEBusiness use which is adjunct to an existing agricultural business where the property owner earns a substantial ($6,000/year or $18,000 over three years) part of his or her livelihood from farming operations on the farm parcel by performing the operations themselves or through a lease to a separate operator; provided the owner or proprietor resides on the premises. Uses may include automobiles, farm equipment, and small engine repair shops; offices and/or shops in connection with skilled tradesmen, including plumbers, electricians, carpenters, welders and the like; and production and/or sales of crafts produced on the premises, provided mechanical or chemical processes are incidental or nonexistent.
AGRICULTURE/AGRIBUSINESS USEAgricultural business where the property owner earns a substantial ($6,000/year or $18,000 over three years) part of his or her livelihood from farming operations on the farm parcel by performing the operations themselves or through a lease to a separate operator; uses including but not limited to beekeeping, dairying, floriculture, aquaculture, poultry and livestock raising, stables, and orchards, raising of grain and seed crops, raising of grass and mint, raising of nuts and berries, raising of fruits and vegetables, viticulture, and forest and game management (incidental hunting is an accessory use), sod production, the sale of products produced on-premises and agricultural processing, centralized bulk collection, storage or distribution.
AGRITOURISMRecreational, educational, and entertainment activities in an agricultural setting, such as a farm or ranch, where the public is able to participate in and experience agricultural uses and activities. Agritourism is differentiated from traditional agriculture in the following ways: customers come to the farm for the "product" rather than the product being taken off the farm to a purchase location; the "product" can be an experience, and the farm environment is an essential part of what the customer is seeking and would not be the same without the farm setting.
AIRPORT (PUBLIC or PRIVATE)Any airport which complies with the definition contained in Ch.
114, Wis. Stats., or any airport which serves or offers to serve common carriers engaged in air transport.
Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories and convenience retail goods may be supplied, dispensed and sold and where minor repair or maintenance work may be performed, such as ignition service, tire repair, repair and replacement of minor parts such as pumps and filters and the like. A filling station is not a repair or body shop.
AUTOMOBILE SALES, USE AND SERVICESA use that buys, sells, trades, rents or services vehicles (including motorcycles and boats) and equipment including but not limited to vehicle dealerships, vehicle rentals, car washes and repair shops; all vehicle and equipment repair shall be conducted indoors, and all vehicles and equipment that are in disrepair or require bodywork shall be stored indoors or screened with landscaping or fencing to provide 100% solid screen. A principal building is required on the same lot for all uses, sales, and service. Maintenance/repair operations of vehicles/equipment for nonautomotive uses (i.e., a business repairing its own fleet/equipment) are considered accessory permitted uses and are not included in this definition.
AUTOMOBILE SALVAGE YARDPremises used for the storing, dismantling, crushing, shredding or disassembly of used motor vehicles or their parts.
(1) Automobile salvage yards involving storage of fewer than 50 vehicles and where no crushing or processing of parts and materials is conducted on the premises, and provided all vehicles and parts are effectively screened from view from any residential lot or public highway.
Automobile wrecking or salvage yards, provided such use shall not be located closer than 250 feet to any property zoned residential and no portion of the lot within 25 feet of a public street or highway shall be used for any purpose other than off-street parking for employees or patrons. All activities and storage shall be completely enclosed pursuant to the landscaped buffer requirements of §
525-46.
BREWERY/BREWPUB/RESTAURANTAn establishment or facility that manufactures fermented malt beverages for sale which may include a tap room, tasting facilities, and/or an independently operated restaurant, and has a permit under current Wisconsin Statues.
BREWERY/MANUFACTURING AND WHOLESALEAn establishment or facility that manufactures, packages, and distributes fermented malt beverages for sale and does not include a taproom, tasting facilities, or an independently operated restaurant, and has a permit under current Wisconsin Statues.
BUSINESS, RETAIL SHOPPING CENTERA group of retail or service establishments planned, developed, owned or managed as a unit whereby all businesses operate in an enclosed space.
BUSINESS, SERVICEA use that provides service to customers either on-premises or at the customer's location; this excludes automobile service.
CEMETERYA premises for burying the dead. Includes crematory service buildings.
CLINIC, HEALTH/MEDICALAn office or group of offices relating to the health care professions, including physicians, dentists and the like engaged in the treatment of persons.
CONVALESCENT HOME and NURSING HOMEA place where regular care is provided to three or more infirm persons, children or aged persons who are not members of the family which resides on the premises.
CONVENTION/EXPOSITION CENTERA commercial facility used for assemblies or meetings of the members or representatives of groups, including exhibition space. This term does not include banquet halls, clubs, lodges or other meeting facilities of private or nonprofit groups that are primarily used by group members.
DAY CARE, FAMILYA place where regular day care is provided to not more than eight children and is licensed pursuant to Ch.
48, Wis. Stats.
A place where regular day care is provided to nine or more children and is licensed pursuant to Ch.
48, Wis. Stats.
Any establishment dispensing or serving food in automobiles, including those establishments where customers serve themselves and may eat or drink in the building or in their automobiles on the premises.
DWELLING, EXISTING AND NEW FARM RESIDENCEExisting and new farm residence dwellings within agriculturally zoned property shall be defined as a residential dwelling unit farm owners/operators reside in located on the land being farmed and existed prior to the effective date of adoption of this chapter.
(1) For purposes of farm consolidation, farm residences or structures that existed prior to the effective date of adoption of this chapter may be separated from the larger parcel by CSM only, and new dwellings may be built and occupied by a person or a family who earns a substantial part of their livelihood from farming operations on the farm parcel or is the parent or child of the farm operator.
Transfer of property shall only be permitted if it meets the family requirements unless the farmland use/operation ceases, the property is rezoned to residential, the property is platted for a residential subdivision development, or the property is rezoned and used for nonresidential purposes. A note to this effect shall be placed on the CSM.
Dimensional regulations shall apply per Table 525-31.2.
DWELLING, MULTIA building containing seven or more dwelling units. The term "multifamily dwelling" shall include cooperative apartments, condominiums, apartments, and the like. Regardless of how rental units are equipped, any multifamily dwelling in which units are available for rental periods of less than one week shall be considered a motel.
DWELLING, SINGLE-FAMILY ATTACHEDA building containing three to six dwelling units attached at the side or "side-by-sides" in a series or group of buildings. Each building shall be separated from the adjoining building or buildings by a party wall or walls extending from footings to underside of roof deck. The term "attached dwelling" is intended to imply townhouses, patio, or atrium houses or any form conforming to this definition.
DWELLING, SINGLE-FAMILY DETACHEDA building containing not more than one dwelling unit, entirely separate from structures on adjacent lots. The term "detached dwelling" shall not include mobile homes, travel trailers, or other forms of portable or temporary housing but shall include manufactured homes. All single-family dwellings shall:
(1) Contain not less than 1,200 square feet of living area.
Be covered by a roof pitched at a minimum slope of five inches in 12 inches which is permanently covered with nonreflective material.
Have overhanging eaves of not less than 18 inches.
Be a minimum of 25 feet in width. Attached garages, carports and open decks shall not be included in the measurement of the width.
DWELLING, TWO-FAMILYOne building containing not more than two dwelling units or two buildings, attached at the side, with no more than one dwelling unit per building. The term "two-family dwelling" is intended to imply single-family semidetached buildings and duplexes or any form which conforms to this definition.
ENTERTAINMENT, INDOORA use selling or providing entertainment on-site indoors. Examples include but are not limited to arcades, amusement rides, laser tag, go-carts, movie theaters, bowling alleys, skating rinks, etc.
EQUIPMENT RENTALAn establishment providing the rental of tools, lawn and garden equipment, party supplies and similar goods and equipment, including storage and incidental maintenance. This term does not include a motor vehicle rental facility.
FARM/CONSTRUCTION EQUIPMENT AND MACHINERY SALES AND SERVICEA use that buys, sells, trades, rents or services farm and/or construction related vehicles and equipment including but not limited to vehicle dealerships, vehicle rentals, wash and repair shops; all vehicle and equipment repair shall be conducted indoors, and all vehicles and equipment that are in disrepair or require bodywork shall be stored indoors or screened with landscaping or fencing to provide 100% solid screen. A principal building is required on the same lot for all uses, sales, and service. Maintenance/repair operations of vehicles/equipment for non-automotive uses (i.e., a business repairing its own fleet/equipment) are considered accessory permitted uses and are not included in this definition.
FUNERAL PARLOR/MORTUARYAn establishment providing services involving the care, preparation or disposition of human dead. This term includes, but is not limited to, a crematorium or a mortuary.
FUR FARMLand, buildings or structures used for the purpose of raising or harboring fur-bearing animals including those defined in §
29.001, Wis. Stats., and also including chinchillas, whether the animals are kept for breeding, slaughtering or petting.
An establishment providing the retail sale of plants and the sale or rental of garden and landscape materials and equipment. This term includes outdoor storage of plants, materials or equipment.
GOVERNMENT USEAny local, county, regional, state, federal, or international governmental use or political unit, including offices, libraries, community centers, facilities (such as public works, wastewater treatment facilities, water storage tanks, well pump houses, and outdoor storage), and utilities providing a service or product for public benefit.
HOSPITALA use where the sick or injured are given medical or surgical care including capacity for overnight and long-term care.
HOTEL/MOTELAn establishment where sleeping accommodations are offered to the public and intended primarily for rental to transients, with daily charge, as distinguished from multifamily dwellings and boardinghouses where rentals are for periods of a week or longer and occupancy is generally by residents rather than transients. Hotels may serve meals to both occupants and others. The term "hotel" is also intended to imply motel, motor court, motor lodge, tourist court or any form which conforms to this definition.
INSTITUTIONAL USEShall be defined as:
(1) Any profit or nonprofit organization that provides services to the public for free or through membership. Examples of organizations include but are not limited to YMCAs, Boys and Girls Clubs, Boy Scouts/Girl Scouts, Lions/Kiwanis/Rotary Clubs, and similar uses.
Public and semipublic nonprofit institutional uses, including churches, schools, colleges and universities, and the like, provided principal access shall be directly onto a collector or arterial street.
JUNKYARDPremises or land, buildings or structures where junk, waste, discarded, salvaged or similar materials such as sold metals, wood, lumber, glass, paper, rags, cloth, cordage, barrels, containers, etc., are brought, bought, sold, exchanged, baled, packed, stored or handled, including used lumber and building materials, equipment, wrecking yards and the like. This definition shall not include automobile salvage or wrecking yards or pawnshops and establishments for the sale, storage or purchase of secondhand vehicles, clothing, furniture, appliances or similar household goods, all of which shall be usable, nor shall it apply to the processing of used, discarded or salvageable materials incident to manufacturing activity on the same site.
KENNEL AND PET SHOPAny establishment for the raising, training, boarding or selling of dogs, cats, birds, mice, rats or other small animals, for hire or profit, or where more than three dogs, cats or other small animals are harbored or kept.
LANDFILL/RECYCLING FACILITYA public or private use that accepts yard waste, compost, garbage, and recycling material. This definition includes resource recovery operations which may occur on site.
MANUFACTURED HOMEA structure certified and labeled as a manufactured home under 42 U.S.C. §§
5401 to
5426, which, when placed on the site:
(1) Is set on an enclosed continuous foundation in accordance with §
70.43(1), Wis. Stats., and Ch. COMM 21, Subchapters III, IV, and V, Wis. Adm. Code, or is set on a comparable enclosed continuous foundation system approved by the Building Inspector, who may require a plan for such foundation to be certified by a registered architect or engineer to ensure proper support for such structure;
Is installed in accordance with the manufacturer's instructions;
Is properly connected to utilities;
Is without any hitch, wheel or axle; and
Meets other applicable standards of this chapter.
MANUFACTURING USEA use or process including assembling, fabricating, altering, converting, printing, publishing, cleaning, testing, finishing, bottling, processing, treating and packaging, except any use or process specifically excluded and providing such as will not be hazardous, offensive, or objectionable by reason of odor, dust, cinders, gas, fumes, noise, vibrations, radiation, refuse mater or wastewater. Includes woodworking and cabinetmaking. All manufacturing uses are subject to the provisions of §
525-49.
A use or process including uses and structures such as packaging, bottling, storage facilities, and laboratories, provided all activities are conducted within completely enclosed buildings, not involving odor, noise, smoke or other noxious effects detectable to normal senses from off the premises. All manufacturing uses are subject to the provisions of §
525-49.
(1) Uses that require special consideration as a special exception in compliance with §
525-13, Special exceptions, and include the following uses: manufacturing and storage of flammable liquids, fertilizer, chemicals, and processes including canneries, sawmills, and slaughterhouses. All manufacturing uses are subject to the provisions of §
525-49.
These uses shall have a setback of 1,000 feet from all residential zoning districts and from the right-of-way line closest to the use of all state and county highways rights-of-way. The 1,000-foot buffer includes all buildings, outdoor vehicles, and parking/pavement areas.
MARINA/HARBORA facility providing mooring of recreational boats in water, or piers, anchorage areas, launching facilities, boat storage areas or boat sales and service. This term does not include a ship terminal or docking facility or a passenger terminal but does include individual private boathouses.
MIXED-USEA building that allows a mix of non-residential and residential uses. Nonresidential uses are allowed within the entire building. Residential uses are prohibited on the ground/first floor of the building; they are permitted on any floor above the ground/first floor. Permitted non-residential uses are any permitted or special exception use allowed within the commercial, industrial and institutional zoning districts. Permitted residential uses include residential dwelling units such as studios/apartments/condos.
[Added 11-19-2024 by Ord. No. 2024-06]
A vehicle manufactured or assembled prior to June 15, 1976, designed to be towed as a single unit or in sections on a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. "Mobile home" includes a structure which has been certified and labeled as a manufactured home under 42 U.S.C. §§
5401 to
5426, or which has been certified and labeled as a manufactured home under §§
101.91 to
101.96, Wis. Stats., and Ch.
COMM 26, Wis. Adm. Code, if the structure:
(1) Is not set upon an enclosed permanent foundation upon land owned by the mobile home owner;
Is not properly connected to utilities;
Has tow bars, wheels or axles attached to it; or
Has not been installed in accordance with the manufacturer's instructions or a plan certified by a registered architect or engineer so as to ensure proper support for the structure.
MODULAR HOMEPer §
101.7(6)(a), Wis. Stats., any structure or component thereof which is intended for use as a dwelling and is of closed construction and fabricated or assembled on-site or off-site in manufacturing facilities for installation, connection or assembly and installation at the building site or is a building of open construction which is made or assembled in manufacturing facilities away from the building site for installation, connection, or assembly and installation on the building site and where certification is sought by the manufacturer. "Modular home" does not mean any manufactured home under §
101.91, Wis. Stats., or any building of open construction, which is not subject to this definition.
A place where regular care is provided to three or more infirm persons, children, or aged persons, who are not members of the family who resides on the premises.
OFFICEA use conducting the affairs of a business, profession or service.
OUTDOOR MOVIE THEATERAn establishment or facility for presenting motion pictures or live performances for observation by patrons in an outdoor environment.
OUTDOOR STORAGE, ACCESSORY TO PRINCIPAL/SPECIAL EXCEPTIONA use that stores products or goods outside, accessory to the principal or approved special exception use of a lot.
(1) Residential zoning district. All outdoor storage on residentially zoned property shall be behind the front building face line.
Nonresidential district (excluding agricultural districts):
(a) Outdoor storage shall be prohibited within 250 feet of a residential zoning district.
All outdoor storage shall be screened as required in § 525-46D(4).
Outdoor storage may be stored on gravel if the following conditions can be met:
[1] Implementation of dust mitigation techniques to keep the site free from dust.
Implementation of mitigation techniques to eliminate fines, aggregate and debris from discharging into stormwater facilities.
If these conditions cannot be maintained once installed and being used, the Board may require the surface to be paved.
PARK/COMMON OPEN SPACEA parcel or parcels of land or an area of water or combination of land and water designated and intended for either the recreational use and enjoyment of residents of the development for which it was established and for the general public or for the exclusive recreational use and enjoyment of residents of the development for which it was established. No yard required in connection with any principal use or structure shall be designated or intended for use as common open space.
RADIO/TELEVISION BROADCASTING STUDIOAn establishment containing one or more broadcasting studios for over-the-air, cable or satellite delivery of radio or television programs, or studios for the audio or video recording or filming of musical performances, radio or television programs or motion pictures. This term does not include a transmission tower.
RECREATIONAL CAMPPremises and facilities used occasionally or periodically for the accommodation of members of groups or associations for outdoor recreational activities.
RECREATIONAL USE, INDOORAny private indoor commercially operated activities where the public is able to participate in activities including but not limited to sports fields/courts/facilities, skating facilities, swimming pools, golf, archery and shooting ranges, and uses of similar nature.
RECREATIONAL USE, OUTDOORAny private outdoor commercially operated activities where the public are able to participate in activities including but not limited to camps, golf courses, campgrounds, golf, archery and shooting ranges, sledding/skiing/skating facilities, sports fields/courts/facilities, swimming pools, and lakes, and uses of similar nature.
RELIGIOUS USEAny use that offers religious services and a location to assemble for religious purposes.
RESOURCE EXTRACTIONEither a) the breaking of the surface soil to facilitate or accomplish the extraction or removal of ores or mineral solids for sale or processing or consumption in the regular operation of a business; and/or b) the removal of overburden lying above natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state. Resource extraction sites are commonly referred to as "mines," "pits," or "quarries." Removal of overburden and the mining of limited amounts of ores or mineral solids are not considered mining when done only for the purpose of determining location, quantity, or quality of a natural deposit if no ores or mineral solids removed during exploratory excavation or mining are sold, processed for sale, or consumed in the regular operation of a business and if the affected land does not exceed two acres in area. Mining does not include plants engaged in processing minerals except as the plants are an integral on-site part of the removal of ores or mineral solids from natural deposits. Mining does not include excavation or grading when conducted solely in aid of on-site farming or of on-site construction. It is the intent of this definition to permit resource extraction uses in outlying areas as a temporary or transitional use with assurances that later reuse for other permissible uses and structures is possible.
(1) Existing operations. The requirements of this section shall not apply to existing operations only where more than 50% of the area (excluding setbacks required herein) of a parcel of record has been excavated at the time of adoption of this chapter. Where less than 50% of the area has been excavated, any extension of operations within the parcel or on adjacent parcels shall comply with the requirements of this section including restoration for the entire parcel(s).
Uses and operations. Permitted uses or operations shall include the removal for sale or processing of timber, natural vegetation, topsoil, fill, sand, gravel, rock or any mineral. Processing may include crushing, washing or refining. Storing or stockpiling of such materials on the site is permissible. Permissible uses may also include concrete or asphalt manufacturing.
Area and setback requirements. The parcel shall consist of a minimum of five acres with dimensions sufficient to adequately accommodate the proposed uses with minimum adverse effects on adjacent lands. No operations shall be permitted within 100 feet of any exterior boundary of the tract or within 250 feet of any building intended for human occupancy existing at the time of permit application. For operations involving blasting, processing or manufacturing, the Plan Commission may increase required setbacks as a condition of approval.
Location. Location shall be appropriate to existing development and development which may reasonably be expected within the time period specified herein for permits. The site shall be so located as to make it unnecessary to conduct trucking operations on any platted street in a residential subdivision.
Plan of operation. Each application for a special exception shall be accompanied by a plan of operation for the site including the following information:
(a) Statement of ownership of the parcel and control of the operations.
Extent of the area to be excavated.
Location, width and grade of all easements or rights-of-way on or abutting the parcel.
Existing topography by five-foot contour intervals; existing watercourses and drainageways; existing vegetation and soils; depth to groundwater as indicated by at least four borings; and existing buildings or structures.
Cross section showing extent of sand/gravel deposits and water table.
Estimated type and volume of excavations; method(s) of extracting and processing; and the sequence of operations.
Proposed equipment and proposed locations of equipment; proposed areas for ponding; proposed drainage modifications; proposed processing and storage areas; proposed interior roads and ingress and egress to the site; and proposed areas for the disposition of overburden of topsoil.
Plan of reclamation. Each application for a special exception shall be accompanied by a plan of reclamation for the site consistent with Ch.
NR 135, Wis. Adm. Code, and the Outagamie County Code of Ordinances, Chapter 38, Division 4, Sec. 38-111:
Time limitations. No special exception permit shall be issued for a period exceeding eight years, consisting of not more than six years for the operational phase and not more than two years for the reclamation phase. Upon expiration of the operational phase, the applicant may request and receive extensions of this phase for three-year periods unless changing conditions indicate the extension will be detrimental to the public health, safety and welfare. Any extension shall require the submission of a new plan of reclamation whether the operation is extended or enlarged. If such extension is denied, the applicant shall complete the reclamation phase within the two-year time period specified.
Financial assurance. To ensure completion of the reclamation phase, as proposed within the two-year time period, each applicant shall submit a performance bond or other financial guarantee as required by Ch.
NR 135, Wis. Adm. Code, and the Outagamie County Code of Ordinances, Chapter 38, Division 5, in an amount sufficient to cover the reclamation expense relative to the proposed operation or extension thereto.
RESTAURANTAny use that prepares, dispenses and serves food for consumption on-site or for carrying out; alcohol may also be served as long as the establishment serves food.
SCHOOLA public or private school for preschool age children through high school. It shall also include public or private colleges, universities, and technical/trade/vocational schools.
STORAGE ESTABLISHMENTA building or premises where individuals store their personal possessions for a fee. All possessions stored on-premises shall be within completely enclosed buildings except for motor vehicles, recreational vehicles or boats, and other similar motorized equipment may be stored outdoors on the premises.
TRUCK FREIGHT TERMINALA facility for truck-based freight service and operations, including but not limited to local pickup, local sorting and terminal operations, line-haul loading and unloading, destination sorting and terminal operations and local delivery.
UTILITY, PUBLIC OR PRIVATEAn entity that provides a service or product, such as water, sewer, electric, gas, and any similar related service or product, and includes an aboveground structure or building to operate the utility (i.e., electrical substation, utility plant, etc.). Standard underground and aboveground lines used to transfer/distribute said utility are exempt from this and shall be permitted on all property. Telephone, television, natural gas, and power transmission lines and similar utilities may be constructed within the setback line, and additions to and replacements of existing lines may be made, provided the utility owner first files with Outagamie County, in the case of a county highway, and Buchanan, in the case of a local road, an agreement, in writing, they will remove at their expense all new lines, additions, and replacements constructed after the effective date of this amendment when such removal is necessary for the improvement of the highway/road or municipal utility.
VETERINARY CLINIC/ANIMAL HOSPITALA place for the medical treatment of common household pets with no provisions made for boarding, outside runs or kennels, except that overnight care incidental to medical treatment and short-term boarding is permitted. This use may be incidental to pet store services.
WAREHOUSING AND DISTRIBUTION, INDUSTRIALA building where raw material or manufactured goods may be transported to and from and stored before their export or distribution for sale and includes distribution facilities and transportation terminals.
WINERYSee definition for "brewery/brewpub/restaurant."
