Town of Buchanan, WI Schedule of District Regulations

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.

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.

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:

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.

[5]

Be located in the same building or upon the same property as another such use.

[6]

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;

[b]

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;

[c]

No sign shall contain any flashing lights, moving elements, or mechanically changing messages;

[d]

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.;

[e]

No sexually-oriented business may have any off-premises sign;

[f]

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:

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:

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;

AGRICULTURE/AGRIBUSINESS ADJUNCT USE

The exterior shall be adequately maintained in good condition.

Business 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 USE

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; 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.

AGRITOURISM

Recreational, 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.

AUTOMOBILE FILLING STATION

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 SERVICES

A 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 YARD

Premises used for the storing, dismantling, crushing, shredding or disassembly of used motor vehicles or their parts.

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.

BREWERY/BREWPUB/RESTAURANT

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.

An 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 WHOLESALE

An 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

A use that sells or rents goods and commodities to consumers.

BUSINESS, RETAIL SHOPPING CENTER

A group of retail or service establishments planned, developed, owned or managed as a unit whereby all businesses operate in an enclosed space.

BUSINESS, SERVICE

A use that provides service to customers either on-premises or at the customer's location; this excludes automobile service.

BUSINESS, VOCATIONAL

Vocational, trade or business schools, both public and private.

CEMETERY

A premises for burying the dead. Includes crematory service buildings.

CLINIC, HEALTH/MEDICAL

An office or group of offices relating to the health care professions, including physicians, dentists and the like engaged in the treatment of persons.

COMMUNITY LIVING ARRANGEMENT

Facilities defined in § 46.03, Wis. Stats. subject to the provisions and limitations of § 62.23(7)(i), Wis. Stats.

CONVALESCENT HOME and NURSING HOME

A 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 CENTER

A 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, FAMILY

A place where regular day care is provided to not more than eight children and is licensed pursuant to Ch. 48, Wis. Stats.

DAY CARE, GROUP

A place where regular day care is provided to nine or more children and is licensed pursuant to Ch. 48, Wis. Stats.

DRIVE-IN RESTAURANT

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 RESIDENCE

Existing 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.

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.

DWELLING, SINGLE-FAMILY ATTACHED

Dimensional regulations shall apply per Table 525-31.2.

DWELLING, MULTI

A 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.

A 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 DETACHED

A 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:

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.

FARM/CONSTRUCTION EQUIPMENT AND MACHINERY SALES AND SERVICE

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-FAMILY

One 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, INDOOR

A 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 RENTAL

An 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.

A 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/MORTUARY

An 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 FARM

Land, 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.

GARDEN CENTER/PLANT NURSERY

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 USE

Any 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.

HOSPITAL

A use where the sick or injured are given medical or surgical care including capacity for overnight and long-term care.

HOTEL/MOTEL

An 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 USE

Shall be defined as:

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.

LANDFILL/RECYCLING FACILITY

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.

JUNKYARD

Premises 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 SHOP

Any 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.

A 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 HOME

A structure certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426, which, when placed on the site:

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

MANUFACTURING USE, SPECIAL

Meets other applicable standards of this chapter.

MANUFACTURING USE

A 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.

MANUFACTURING USE, LIGHT

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.

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/HARBOR

A 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.

MOBILE HOME

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:

Is not set upon an enclosed permanent foundation upon land owned by the mobile home owner;

Is on wheels;

Is not properly connected to utilities;

Has tow bars, wheels or axles attached to it; or

OUTDOOR STORAGE, ACCESSORY TO PRINCIPAL/SPECIAL EXCEPTION

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 HOME

Per § 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.

NURSING HOME

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.

OFFICE

A use conducting the affairs of a business, profession or service.

OUTDOOR MOVIE THEATER

An establishment or facility for presenting motion pictures or live performances for observation by patrons in an outdoor environment.

A use that stores products or goods outside, accessory to the principal or approved special exception use of a lot.

Residential zoning district. All outdoor storage on residentially zoned property shall be behind the front building face line.

Nonresidential district (excluding agricultural districts):

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:

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.

RADIO/TELEVISION BROADCASTING STUDIO

If these conditions cannot be maintained once installed and being used, the Board may require the surface to be paved.

PARK/COMMON OPEN SPACE

A 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.

An 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 CAMP

Premises and facilities used occasionally or periodically for the accommodation of members of groups or associations for outdoor recreational activities.

RECREATIONAL USE, INDOOR

Any 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, OUTDOOR

Any 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 USE

Any use that offers religious services and a location to assemble for religious purposes.

RESOURCE EXTRACTION

Either 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.

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:

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.

(g)

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.

TAVERN/DRINKING ESTABLISHMENT

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:

(7)

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.

(8)

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.

RESTAURANT

Any 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.

SCHOOL

A 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.

SOLAR ENERGY SYSTEM

Reference § 525-52

STORAGE ESTABLISHMENT

A 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.

A business who's primary use is serving alcoholic beverages.

TRUCK FREIGHT TERMINAL

A 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 PRIVATE

An 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 HOSPITAL

A 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, INDUSTRIAL

A 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.

WAREHOUSING, ACCESSORY TO RETAIL OR SERVICE USE

A building attached to or part of a retail or service use where goods/products, parts, or equipment are stored to be sold on-premises or used for the purpose of the service provided.

WINERY

See definition for "brewery/brewpub/restaurant."

§ 525-31.2 Principal and special exception dimensional standards and additional regulations.

Dimensional standards for all principal and special exception uses are contained in Table 525-31.2.

Table 525-31.2: District Dimensional Standards
District/Dimensional Standards	AGD General Agricultural District			CON Conservancy Overlay District
Use Type	Principal agricultural uses	Preexisting dwellings and accessory dwellings on a separate parcel unrelated to agricultural uses	Other permitted principal and special exception uses and structures	All permitted and special exception uses and structures
Maximum number of uses per lot	Unlimited	N/A	Unlimited	Unlimited
Maximum number of buildings per lot	Unlimited	N/A	Unlimited	Unlimited
Maximum number of dwellings per lot	1	1	N/A	N/A
Min. lot size	4 acres	20,000 sq. ft.	1 acre	None
Min. lot width	200 feet	100 feet	150 feet	None
Min. lot street frontage	200 feet/180 feet for culs-de-sac	100 feet/80 feet for culs-de-sac	150 feet/130 feet for culs-de-sac	None
Federal/state and county highway minimum building setback	50 feet/35 feet	50 feet/35 feet	50 feet/35 feet	50 feet/35 feet
Front building setback	25 feet	25 feet	25 feet	25 feet
Corner side building setback	25 feet	25 feet	25 feet	25 feet
Side building setback	None	15 feet	30 feet	None
Rear building setback	None	25 feet	50 feet/35 feet	None
Yard/green space setbacks	None	Same as front/corner side building setback; 3 feet for side and rear		None
Maximum height of building	None	None	45 feet	35 feet
Maximum lot coverage (including accessory buildings and structures)	50%	50%	50%	25%
Other requirements			Minimum lot size and front and rear building setback minimum requirements may be increased as a condition for a special exception permit

Table 525-31.2: District Dimensional Standards
District/Dimensional Standards	RR Rural Residential District
Use Type	Rural residential single-family detached dwellings and mobile homes on individual lots	Other permitted principal and special exception uses and structures
Maximum number of uses per lot	N/A	Unlimited
Maximum number of buildings per lot	N/A	Unlimited
Maximum number of dwellings per lot	1	N/A
Min. lot size	1 acre	1 acre
Min. lot width	150 feet	150 feet
Min. lot street frontage	150 feet/130 feet for culs-de-sac	150 feet/130 feet for culs-de-sac
Federal/state and county highway minimum building setback	50 feet/35 feet	50 feet/35 feet
Front building setback	30 feet	30 feet
Corner side building setback	30 feet	30 feet
Side building setback	20 feet	20 feet
Rear building setback	30 feet	30 feet
Yard/green space setbacks	Same as front/corner side building setback; 3 feet for side and rear
Maximum height of building	45 ft.	45 ft.
Maximum lot coverage (incl. accessory buildings and structures)	50%	50%
Other requirements

Table 525-31.2: District Dimensional Standards
District/Dimensional Standards	RSF Residential Single-Family District
Use Type	Single-family detached dwellings (w/in approved and recorded subdivision plat and served by public sewer)	Other permitted principal and special exception uses and structures served by public sewer
Maximum number of uses per lot	N/A	Unlimited
Maximum number of buildings per lot	N/A	Unlimited
Maximum number of dwellings per lot	1	N/A
Min. lot size	10,000 sq. ft.	10,000 sq. ft.
Min. lot width	90 feet	90 feet
Min. lot street frontage	70 feet/50 feet for culs-de-sac	70 feet/50 feet for culs-de-sac
Federal/state and county highway minimum building setback	50 feet/35 feet	50 feet/35 feet
Front building setback	25 feet	25 feet
Corner side building setback	25 feet	25 feet
Side building setback	6 feet	15 feet
Rear building setback	25 feet	30 feet
Yard/green space setbacks	Same as front/corner side building setback; 3 feet for side and rear
Maximum height of building	35 ft.	35 ft.
Maximum lot coverage (incl. accessory buildings and structures)	50%	50%
Other requirements

Table 525-31.2: District Dimensional Standards
District/Dimensional Standards	RTF Residential Two-Family District
Use Type	Single-family detached dwellings	Single-family attached dwellings	Two-family dwellings	Exception for zero-lot-line single-family attached dwellings (2-6 units)	Other permitted principal and special exception uses and structures
Maximum number of uses per lot		N/A	N/A	N/A
Maximum number of buildings per lot		N/A	N/A	N/A
Maximum number of dwellings per lot		1 building/3 to 6 units	1 building/2 units	1
Min. lot size		12,000 sq. ft.	9,000 sq. ft. (4500 sq. ft. per family)	4,500 sq. feet
Min. lot width		100 feet	75 feet	50 feet
Min. lot street frontage		80 feet/60 feet for culs-de-sac	55 feet/35 feet for culs-de-sac	50 feet/25 feet for culs-de-sac
Federal/state and county highway minimum building setback		50 feet/35 feet	50 feet/35 feet	50 feet/35 feet
Front building setback		25 feet	25 feet	25 feet
Corner side building setback	Dimensional requirements as provided in RSF District	25 feet	25 feet	25 feet	Dimensional requirements as provided in RSF District
Side building setback		10 feet	8 feet	8/0 feet
Rear building setback		25 feet	25 feet	25 feet
Yard/green space setbacks		Same as front/corner side building setback; 3 feet for side and rear
Maximum height of building		35 feet	35 feet	35 feet
Maximum lot coverage (incl. accessory buildings and structures)		50%	50%	50%
Other requirements		Not more than six dwelling units shall be contiguous or in one series or group and not more than two contiguous dwelling units in one group or series shall have the same or approximately the same roofline or building line; not less than 40% of the total site area shall be landscaped in lawns, gardens, decorative plantings or wooded areas; a site plan under Article XII is required for all single-family attached dwelling developments		1. A note shall be placed on the face of all certified survey maps and subdivision plats creating zero-lot-lines which states: "When attached dwelling units are created, matters of mutual concern to the adjacent property owners due to construction, catastrophe and maintenance shall be guarded against by private covenants and deed restrictions, and the approving authorities shall not be held responsible for same." 2. A restrictive covenant shall be placed on the face of all certified survey maps and subdivision plats creating zero-lot-line lots which states: "Building permits are limited to the development of zero-lot-lines on Lots _____ through _____, inclusive, unless two adjoining lots are combined and used as a single lot for the construction of a single-family dwelling unit. In this case, an odd number of lots may not be left as a series of consecutive lots." 3. There shall be a common wall. Wherever improvements abut on the common boundary line between adjoining units there shall be a one-hour fire wall running from the lowest floor level, including the basement if it is the common wall, to the underside of the roof sheathing. Such basement wall, if any, shall be waterproofed masonry.
				4. When attached dwelling units are created, the plans, specifications and construction of such building shall require the installation and construction of separate sewer, water and other utility services to each dwelling unit.

Table 525-31.2: District Dimensional Standards
District/Dimensional Standards	STFR Single- and Two-Family Residential District
Use Type	Single-family and two-family detached dwellings within or outside of an approved and recorded subdivision plat served by public sewer	Other permitted principal and special exception uses and structures within or outside of an approved and recorded subdivision plat served by public sewer	Exception for zero-lot-line duplex attached dwellings
Maximum number of uses per lot	N/A	Unlimited	N/A
Maximum number of buildings per lot	N/A	Unlimited	N/A
Maximum number of dwellings per lot	Single = 1; Duplex = building/2 units	N/A	1
Min. lot size	5,000 sq. ft.	5,000 sq. ft.	2,500 sq. feet
Min. lot width	50 feet	50 feet	40 feet
Min. lot street frontage	40 feet/35 feet for culs-de-sac	40 feet/35 feet for culs-de-sac	30 feet/25 feet for culs-de-sac
Federal/state and county highway minimum building setback	50 feet/35 feet	50 feet/35 feet	50 feet/35 feet
Front building setback	25 feet	25 feet	25 feet
Corner side building setback	25 feet	25 feet	25 feet
Side building setback	5 feet	5 feet	5/0 feet
Rear building setback	10 feet	10 feet	5 feet
Yard/green space setbacks	Same as front/corner side building setback; 3 Feet for side and rear
Maximum height of building	35 ft.	35 ft.	35 ft.
Maximum lot coverage (incl. accessory buildings and structures)	60%	60%	60%
Other requirements			1. A note shall be placed on the face of all certified survey maps and subdivision plats creating zero-lot-lines which states: "When attached dwelling units are created, matters of mutual concern to the adjacent property owners due to construction, catastrophe and maintenance shall be guarded against by private covenants and deed restrictions, and the approving authorities shall not be held responsible for same." 2. A restrictive covenant shall be placed on the face of all certified survey maps and subdivision plats creating zero-lot-line lots which states: "Building permits are limited to the development of zero-lot-lines on Lots _____ through _____, inclusive, unless two adjoining lots are combined and used as a single lot for the construction of a single-family dwelling unit. In this case, an odd number of lots may not be left as a series of consecutive lots." 3. There shall be a common wall. Wherever improvements abut on the common boundary line between adjoining units there shall be a one-hour fire wall running from the lowest floor level, including the basement if it is the common wall, to the underside of the roof sheathing. Such basement wall, if any, shall be waterproofed masonry.
			4. When attached dwelling units are created, the plans, specifications and construction of such building shall require the installation and construction of separate sewer, water and other utility services to each dwelling unit.

Table 525-31.2: District Dimensional Standards
District/Dimensional Standards	MDR Medium-Density Residential
Use Type	Single-family dwellings	Two-family dwellings	Three-plex dwellings	Four-plex dwellings	Six-plex dwellings	Other permitted principal and special exception uses and structures	Exception for zero-lot-line attached dwellings.
Maximum number of uses per lot	Dimensional requirements as provided in STFR District	Dimensional requirements as provided in STFR District	N/A	N/A	N/A	Unlimited	N/A
Maximum number of buildings per lot			N/A	N/A	N/A	Unlimited	N/A
Maximum number of dwellings per lot			3	4	6	N/A	1
Min. lot size			7,500 sq. ft.	10,000 sq. ft.	15,000 sq. ft.	Dimensional requirements as provided in STFR District	2,500 sq. feet
Min. lot width			50 feet	50 feet	50 feet		40 feet
Min. lot street frontage			30 feet/25 feet for culs-de-sac	30 feet/25 feet for culs-de-sac	30 feet/25 feet for culs-de-sac		30 feet/25 feet for culs-de-sac
Federal/state and county highway minimum building setback			50 feet/35 feet	50 feet/35 feet	50 feet/35 feet		50 feet/35 feet
Front building setback			15 feet	15 feet	15 feet		15 feet
Corner side building setback			15 feet	15 feet	15 feet		15 feet
Side building setback			10 feet	10 feet	10 feet		10/0 feet
Rear building setback			10 feet	10 feet	10 feet		10 feet
Yard/green space setbacks			Same as front/corner side building setback; 3 feet for side and rear		Same as front/corner side building setback; 3 feet for side and rear		Same as front/corner side building setback; 3 feet for side and rear
Maximum height of building			45 ft.	45 ft.	45 ft.		45 ft.
Maximum lot coverage (incl. accessory buildings and structures)			70%	70%	70%		70%
Other requirements							A restrictive covenant shall be placed on the face of all certified survey maps and subdivision plats creating zero-lot-line lots which states: "Building permits are limited to the development of zero-lot-line duplexes on Lots _____ through _____, inclusive, unless two adjoining lots are combined and used as a single lot for the construction of a single-family dwelling unit. In this case, an odd number of lots may not be left as a series of consecutive lots."

Table 525-31.2: District Dimensional Standards
District/Dimensional Standards	RMF Residential Multifamily Residential District
Use Type	Single-family detached dwellings	Single-family attached dwellings	Two-family dwellings	Multifamily dwellings not exceeding 3 stories or 45 feet in height	Multifamily dwellings exceeding 3 stories or 45 feet in height	Other permitted or permissible uses and structures
Maximum number of uses per lot	Dimensional requirements as provided in STFR District	Dimensional requirements as provided in MMR District	Dimensional requirements as provided in STFR District	N/A	N/A	Dimensional requirements as provided in STFR District
Maximum number of buildings per lot				Unlimited	Unlimited
Maximum number of dwellings per lot				20	30
Min. lot size				10,000 sq. ft.	20,000 sq. ft.
Min. lot width				90 feet	100 feet
Min. lot street frontage				70 feet/50 feet for culs-de-sac	80 feet/60 feet for culs-de-sac
Federal/state and county highway minimum building setback				50 feet/35 feet	50 feet/35 feet
Front building setback				25 feet	25 ft. provided that for every 2 feet in building height above 45 feet, yard width or depth shall increase 1 foot
Corner side building setback				25 feet	25 ft. provided that for every 2 feet in building height above 45 feet, yard width or depth shall increase 1 foot
Side building setback				20 feet	20 ft. provided that for every 2 feet in building height above 45 feet, yard width or depth shall increase 1 foot
Rear building setback				25 feet	25 ft. provided that for every 2 feet in building height above 45 feet, yard width or depth shall increase 1 foot
Yard/green space setbacks				Same as front/corner side building setback; 3 feet for side and rear	Same as front/corner side building setback; 3 feet for side and rear
Maximum height of building				45 ft.	60 ft.
Maximum lot coverage (incl. accessory buildings and structures)				70%	70%
Other requirements

Table 525-31.2: District Dimensional Standards
District/Dimensional Standards	CL Local Commercial District	CR Regional Commercial District	CP Planned Commercial District
Use Type	All permitted and special exception uses and structures	All permitted and special exception uses and structures	All permitted and special exception uses and structures
Maximum number of uses per lot	Unlimited	Unlimited	Unlimited
Maximum number of buildings per lot	Unlimited	Unlimited	Unlimited
Maximum number of dwellings per lot	N/A	N/A	N/A
Min. lot size	No minimum	No minimum	No minimum
Min. lot width	No minimum	No minimum	No minimum
Min. lot street frontage	No minimum	No minimum	No minimum
Federal/state and county highway minimum building setback	50 feet/35 feet	50 feet/35 feet	50 feet/35 feet
Front building setback	35 feet	35 feet	25 feet
Corner side building setback	35 feet	35 feet	25 feet
Side building setback	20 feet	20 feet	25 feet
Rear building setback	50 feet	50 feet	25 feet
Yard/green space setbacks	5 feet for all lot lines unless otherwise required	5 feet for all lot lines unless otherwise required	5 feet for all lot lines unless otherwise required
Maximum height of building	50 feet	50 feet	There are no maximum height requirements except that, for every 2 feet in height above 4 stories or 50 feet, the width or depth of yards adjacent to exterior lot lines shall be increased 1 foot
Maximum lot coverage (incl. accessory buildings and structures)	Unlimited	Unlimited	Unlimited
Other requirements	A site plan is required per § 525-11 and applicable requirements of Article VII and Article VIII	A site plan is required per § 525-11 and compliance with applicable requirements of Article VII and Article VIII	A site plan is required per § 525-11 and compliance with applicable requirements of Article VII and Article VIII

Table 525-31.2: District Dimensional Standards
District/Dimensional Standards	IND Industrial District	PI Public/Institutional District
Use Type	All permitted and special exception uses and structures	All permitted and special exception uses and structures
Maximum number of uses per lot	Unlimited	Unlimited
Maximum number of buildings per lot	Unlimited	Unlimited
Maximum number of dwellings per lot	N/A	N/A
Min. lot size	No minimum	No minimum
Min. lot width	No minimum	No minimum
Min. lot street frontage	No minimum	No minimum
Federal/state and county highway minimum building setback	50 feet/35 feet	50 feet/35 feet
Front building setback	35 feet	25 feet
Corner side building setback	35 feet	25 feet
Side building setback	20 feet	10 feet
Rear building setback	25 feet	20 feet
Yard/green space setbacks	5 feet for all lot lines unless otherwise required	5 feet for all lot lines unless otherwise required
Maximum height of building	50 feet	50 feet
Maximum lot coverage (incl. accessory buildings and structures)	Unlimited	Unlimited
Other requirements	A site plan is required per § 525-11 and compliance with applicable requirements of Article VII and Article VIII	A site plan is required per § 525-11 and compliance with applicable requirements of Article VII and Article VIII

§ 525-32 Accessory uses and structures.

Accessory uses and structures. Accessory uses and structures for each district are listed in Table 525-32A.

Table 525-32A: Accessory Uses, Buildings and Structures
P = Permitted Accessory Use		S = Special Exception Accessory Use						Grey Shading = Prohibited Use
Accessory Use, Buildings and Structures	See for Additional Regulations	Is Permit Required?	Zoning District
Accessory Use, Buildings and Structures	See for Additional Regulations	Is Permit Required?	AGD General Agricultural	CON Conservancy Overlay	RR Rural Residential	RSF Residential Single Family	RTF Residential Two Family	STFR Single and Two-Family Residential	MDR Medium Density Residential	RMF Multifamily Residential	CL Local Commercial	CR Regional Commercial	CP Planned Commercial	IND Industrial	PI Public/Institutional
Accessory dwelling unit (ADU) (Max. 1 per lot)	§ 525-32B	Yes	P		P	P	P	P	P
Antennas	Ch. 478	See Ch. 478	P	P	P	P	P	P	P	P	P	P	P	P	P
Bed-and-breakfast establishments	§ 525-32B	Yes	P		P	P	P	P	P
Berms	§ 525-32B	Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Decks		Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Driveway, grass/natural areas	§ 525-32B	No	P	P
Driveway, gravel	§ 525-32B	Yes	P	P	P								P	P
Driveway, paved (asphalt, concrete, pavers, etc.)	§ 525-32B	Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Electric vehicle charging stations (EVCS)	§ 525-53	Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Fences/walls/privacy screens	§ 525-35	Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Firewood		No	P	P	P	P	P	P	P	P
Flatwork		Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Garages	§ 525-32B & Diagram 525-32-1	Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Gardens (including composting) nurseries and orchards, provided no sales are conducted on the premises		No	P	P	P	P	P	P	P	P	P	P	P	P	P
Gazebos		Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Geothermal equipment for private use not associated with a public or private utility		Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Greenhouse (detached)		Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Heating devices, outdoor; only allowed outside of the sewer service area	§ 525-32B	Yes	P	P	P	P	P	P
Home occupations	§ 525-32B	No	P		P	P	P	P	P	P
Hot tubs		Yes	P	P	P	P	P	P	P	P
Hunting blinds	§ 525-32B	No	P	P	P
Landscaping	§ 525-46	Yes, only for nonresidential	P	P	P	P	P	P	P	P	P	P	P	P	P
Lighting (outdoor only)	§ 525-47	Yes, only for nonresidential	P	P	P	P	P	P	P	P	P	P	P	P	P
Outdoor Storage, Temporary	§ 525-32B	No	P								P	P	P	P	P
Patio	§ 525-32B	Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Parking area, grass/natural areas		No	P	P
Parking area, gravel	§ 525-51	Yes	P	P										P	S
Parking area, paved (asphalt, concrete, pavers etc.)	§ 525-51	Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Parking (outdoor) of commercial vehicles and equipment		No	P								P	P	P	P	P
Parking (enclosed) or storage of not more than one commercial or service vehicle, provided it is used by the occupant(s)		No	P		P	P	P	P	P	P	P	P	P	P	P
Parking of boats, trailers, recreational vehicles, etc.	§ 525-36	No	P	P	P	P	P	P	P	P
Pergolas		Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Playsets		No	P	P	P	P	P	P	P	P	P	P	P	P	P
Portable storage unit	§ 525-32B	No	P		P	P	P	P	P	P	P	P	P	P	P
Public utility installations (other than solar or wind).		Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Residential (single-family) dwellings shall be considered accessory to agricultural uses, provided such dwellings are occupied by a person or a family at least 1 member of which earns a substantial part of his or her livelihood from farming operations on the farm parcel or is the parent or child of the farm operator		Yes	P
Residential quarters for caretakers or clergy		Yes													P
Roadside stand (farm produce, etc.)		No	P								P	P	P		P
Sheds (detached)	§ 525-32B	Yes	P		P	P	P	P	P	P	P	P	P	P	P
Stockpile/construction stockpile	§ 525-32B	No	P	P	P	P	P	P	P	P	P	P	P	P	P
Swimming pools, private	§ 525-32/§ 525-11	Yes	P		P	P	P	P	P	P
Signs	Article VIII	Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Signs, electronic messaging	Article VIII	Yes									P	P	P	P	P
Solar energy systems (small scale) for private use not associated with a public or private utility; includes solar canopies in parking lots	§ 525-52	Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Solar energy systems (mid scale) for private use not associated with a public or private utility; includes solar canopies in parking lots	§ 525-52	Yes	SE							SE	SE	SE	SE	SE	SE
Stormwater facility		Yes	P	P	P	P	P	P	P	P	P	P	P	P	P
Towers	Ch. 478	Yes if >20 ft/>70 ft amateur radio/receive only	P		P	P	P				P	P	P	P	P
Wind turbines for private use not associated with a public or private utility	Ch. 513	Yes	P								P	P	P	P	P

Accessory 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.

ACCESSORY DWELLING UNIT (ADU)

A secondary dwelling unit on a lot, and includes a room or rooms connected together, constituting a separate, independent housekeeping establishment for one family only, for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent cooking and sleeping facilities.

Mandatory owner occupancy. The owner of the single-family residence must occupy either the principal residence or the accessory residence.

Nature and scale of accessory unit. An accessory dwelling may be a separate building/structure not attached to the principal building or may be incorporated into the principal building, complete housekeeping unit; provided, however, that it is substantially contained within the subordinate part thereof. Permissible modifications to the structure are a limited extension of the structure to the rear and the creation of a separate entrance at the side or rear.

The accessory apartment dwelling unit shall not exceed 900 square feet of floor area or 25% of the entire floor area of the principal dwelling, whichever is greater. Any external modification shall be done with a design and materials similar in appearance to the principal structure such that, to the maximum extent possible, the external appearance of the dwelling will remain as a single-family the principal dwelling.

Dimensional requirements. Dimensional requirements shall meet those of the zoning district it is in. Reference Table 525-32A and Table 525-31.2.

BED-AND-BREAKFAST

An establishment offering overnight accommodations and breakfast in a private home or homestead. The property owner must reside on premises.

BERM

An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other such purposes.

DRIVEWAY

Areas on private property vehicles and equipment park and use to access private property and public right-of-way.

GARAGE

An accessory building greater than 500 sq. ft. designed or used for the parking of personal vehicles, storage of personal property and personal residential uses excluding living quarters unless an ADU is permitted.

Detached accessory garages in the AGD or RR zone on properties of three acres or more, not within a recorded subdivision plat, and outside of the Darboy Sanitary District, may be placed on the lot in a manner so that the accessory structure's front plane is no closer than 60% of the distance between the existing or planned principal structure's front plane and the established principal structure front yard setback as measured from the closest point of the principal structure. Reference Diagram 525-32-1.

Diagram 525-32-1: Setback Example for AGD and RR Zone Detached Accessory Structures

HEATING DEVICES, OUTDOOR

A detached energy systems using fuel such as wood, coal, or other solid fuel, liquid fuel, or waste oil burners, boilers, or furnaces associated with the production of usable heat or energy, which is located outside of the structure for which the heat is to be supplied either directly or indirectly into the principal or accessory structures on site and in compliance with the following. "Outdoor heating devices" excludes recreational uses such as fire places, fire pits, portable patio/deck heaters and similar uses.

They shall only be allowed outside of the NR-121 Sewer Service Area.

They shall be located on a lot greater than one acre.

They shall be a minimum of 50 feet from all property lines.

No person shall burn fuel in any outdoor heating units other than the fuel recommended by the manufacturer. The following fuels are prohibited: trash, plastics, gasoline, naphtha, household garbage, material treated with petroleum products, particle board, railroad ties, telephone poles, pressure-treated wood, leaves, paper products and cardboard, or any other material that may cause offensive or noxious odors, smoke, airborne ash or debris.

The exterior of any outdoor heating unit shall be maintained and kept in good working condition in accordance with the manufacturer's maintenance recommendation. Any storage buildings related to the outdoor heating device will need an additional permit.

No detached energy system shall create an undesirable impact upon adjacent property or otherwise create a public nuisance as defined in Chapter 404, Nuisances, of the Buchanan Municipal Code. Enforcement actions may be taken by the Town to determine if any device is in conflict with Chapter 404, Nuisances.

HOME OCCUPATION

Any business, profession, trade or employment conducted in a person's residential dwelling which may involve that person's immediate family and/or household who reside in that residential dwelling. It is the intent of this section to permit home occupations in various zoning districts provided that such use conforms to the standards and conditions set forth in this definition. In general, a home occupation is an accessory use so located and conducted that the average neighbor would not be aware of said use other than for signage as herein permitted. The standards and conditions for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood.

Standards for home occupations.

The home occupation shall be clearly incidental to the residential use of the building and parcel and shall not change the essential residential character of the dwelling and parcel.

The home occupation shall not be detrimental to the public health, safety and welfare.

No chemical, mechanical or electrical equipment that is not normally a part of domestic or household equipment shall be used in connection with the home occupation, and no machinery or equipment shall be used in connection with the home occupation that causes noise or other interference in radio or television reception.

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

In no case shall the public have physical access to the home occupation from 10:00 p.m. to 7:00 a.m.

Home occupations may be permitted in the principal or accessory buildings or structures, but no more than 25% of the building or structure shall be used to conduct the home occupation.

(g)

The principal person conducting the home occupation must reside at the location of the home occupation. The home occupation can only be performed by members of the immediate family; thus there is no outside employment of individuals.

(h)

No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard.

(i)

There shall be no exterior storage of equipment, materials, merchandise, or inventory used for the home occupation, and there shall be no more than two vehicles so marked for the home occupation not contained in a structure at any time.

(j)

Deliveries accepted shall be by United States Mail, United Parcel Service (UPS), Federal Express or other similar mail carrier. Semitruck deliveries shall not be accepted.

Permitted home occupations.

The following are hereby declared to be home occupations as intended by this section:

Artists, sculptors, photographers, arts and crafts.

Bookkeeping, accountant or tax preparer.

Classes of instruction in areas such as music and dance, provided that no more than eight students are on the premises at any one time.

Child or adult care with eight or fewer children or adults.

[5]

Dressmaker or seamstress.

[6]

Hairdresser or pet groomer, provided that no more than two patrons are on the premises at any one time.

[7]

Manicure/pedicure, provided that no more than two patrons are on the premises at any one time.

[8]

Office facilities of a salesperson, sales representative, or manufacturer representative, provided that no retail or wholesale transactions are made in person on the premises.

[9]

Office facilities of an architect, writer, attorney, broker, financial consultant, engineer, insurance agent, medical professional, interior designer, land surveyor, marketing analyst, transcriber, word processor or real estate sales.

[10]

Office facilities of a minister, rabbi, priest or other clergy.

[11]

Office facilities to repair electronic, computer and communication equipment.

[12]

Telephone, telemarketing, internet or mail order.

[13]

Sales and distribution of products manufactured on or off the premises where the marketing of said products is through home-oriented sales on an appointment-only basis.

It is recognized that it is neither possible nor practicable to list all of the home occupations that are compatible with those listed, and therefore it is intended that the aforementioned list of home occupations be illustrative only. Any individual aggrieved by a failure to list a particular home occupation in this section shall have the right to file a petition with the Administrator for a determination as to the similarity of the intended home occupation with the home occupations listed.

Prohibited home occupations.

CLollowing are hereby declared to be prohibited home occupations: any permitted use or special exception use as identified in CL - Local Commercial, CP - Planned Commercial, CR - Regional Commercial or IND - Industrial Zoning Districts except for uses identified in Subsection D as a permitted home occupation.

All other uses shall be declared prohibited.

OUTDOOR STORAGE, TEMPORARY

Signs. One sign shall be allowed not exceeding three square feet in area, nonilluminated and mounted flat against the wall of the principal building.

HUNTING BLIND

A structure that is used for hunting. It shall be a maximum of 100 square feet and may be located on the ground or be elevated. It shall not be used as a dwelling unit.

The storage of materials and products outdoors, excluding vehicles, for a limited period of time.

Storage area shall be enclosed by a fence of solid material not less than six feet in height.

Storage shall be limited to no more than 60 consecutive days and a maximum of 90 days annually.

PATIO

A flat structure that is constructed with brick, block, concrete, asphalt, or another similar surface.

PORTABLE STORAGE UNIT

An individual, self-enclosed, movable storage container used for temporary storage, typically during construction or the act of moving. The following, including, but not limited to, truck, truck tractor, truck trailer, canopy, bus, railroad car, camper, camping trailer, utility trailer, motor home or similar vehicle or structure, or portion thereof, are not considered to be portable storage units and such vehicles shall not be used for storage purposes, as a principal use and/or structure or an accessory use and/or structure in any zoning district.

Portable storage units shall be allowed on all zoned property. All property zoned or used for residential purposes shall not be allowed for no more than 30 consecutive days and no more than 60 total days per calendar year. If a building permit for a new home has been issued, the portable storage units shall be removed within 30 days of occupancy.

STOCKPILE/CONSTRUCTION STOCKPILE

The unit may be placed on pervious surface; however, it shall meet current stormwater management regulations.

SHED

An accessory building designed or used for inside parking of private motor vehicles, recreational vehicles or boats, storage of personal property, and commonly accepted accessory uses related to and by the occupant of the principal building/use. Sheds shall be 500 square feet or less. Metal storage containers (shipping containers) or portable storage units for residential use shall be prohibited.

An accumulation of maintained usable materials on a construction or business site that are 1) segregated by type, and 2) specifically intended for particular on-site uses as part of the permitted construction or business activities taking place thereon. Temporary stockpiles may only be allowed during permitted construction activity. Permanent stockpiles must be screened as required by § 525-46 and must follow setback standards per the underlying zoning district.

SWIMMING POOL, PRIVATE

Any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent and either above or below the ground, in which water more than 18 inches deep is contained and which is used primarily for the purpose of bathing or swimming.

No person shall construct, install or enlarge a residential swimming pool not enclosed in a permanent building in the Town except in accordance with the following regulations.

Provide a site plan drawn to scale showing the following:

Location of pool on lot, distance from lot lines and distance from structure.

Location of any septic tank, filter bed and sewer and water lines.

Pool dimensions and volume of water in gallons.

Location of proposed fence, and type, size and gate location.

Existing overhead wiring relative to proposed pool.

Underground utilities.

Construction requirements.

No pool shall be located, erected, constructed or maintained closer to any side or rear lot line than allowed by this chapter for permitted accessory building uses, and the waterline of any pool shall not be less than 10 feet from any lot line or building.

No connection shall be made to the sanitary sewer or septic system.

Where topography requires, a permanent wall of concrete, masonry or material approved by the Building Inspector shall be constructed to prevent ground and fill from spilling onto adjoining property.

Gaseous chlorination systems shall not be used for disinfecting pool waters.

No aboveground pool shall be less than 15 feet from any septic system.

Swimming pool fences.

All in-ground swimming pools not enclosed within a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool, not less than four feet in height and so constructed as not to have void, holes or openings more than four inches in one dimension. Gates or doors shall be constructed so as to be capable of being locked, and shall be closed and secured so as to prevent unlatching by persons outside the pool at all times when the pool is not in actual use.

A pool dome or pool-top fencing attached to the pool to extend not less than four feet in height or a pool cover capable of supporting 100 pounds per square foot of cover area are acceptable substitutes for fencing. The pool cover shall be secured at all times when the pool is not in actual use.

Utility sheds and other outbuildings shall not be located closer than five feet to the pool waterline area.

Electrical requirements.

To comply with electrical codes. All electrical installations shall require separate permits and shall be governed by the Town Electrical Code.[1]

Pool lights. If overhead floor or other artificial lights are used to illuminate the pool at night, such lights shall be shielded to direct light only on the pool.

Editor's Note: See also Ch. 230, Building Construction.

§ 525-33 Accessory use dimensional standards.

Accessory use dimensional standards are listed in Table 525-33.

Table 525-33: Detached Accessory Use Dimensional Standards
Zoning District	AGD General Agricultural (Not Within Recorded Subdivision)	AGD General Agricultural (Within Recorded Subdivision)	CON Conservancy Overlay
Maximum lot coverage (incl. principal and special exception buildings and structures)	50%	50%	25%
Maximum number of detached accessory buildings	Unlimited	Unlimited	Unlimited
Maximum number of detached accessory structures	Unlimited	Unlimited	Unlimited
Maximum building area	Unlimited	Unlimited	Unlimited
Maximum structure area	Unlimited	Unlimited	Unlimited
Accessory structure maximum height (except for allowed towers and antennas)	24 feet	18 feet	24 feet
Easements	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement
Front and corner side building setback	On lots of 3+ acres, not within a recorded subdivision plat and outside the Darboy Sanitary District, detached accessory structures may be placed on the lot in a manner so that the accessory structure's front plane is no closer than 60% of the distance between the existing or planned principal structure's front plane and the established principal structure front yard setback as measured from the closest point of the principal structure; see Diagram 525-32-1	Shall not be placed closer to the front/corner side lot line than the principal structure	Shall not be placed closer to the front/corner side lot line than the principal structure
Rear building setback	25 feet	8 feet	5 feet
Side building setback	25 feet	8 feet	5 feet
Yard/green space setbacks	Same as front/corner side building setback; 3 feet for side and rear	Same as front/corner side building setback; 3 feet for side and rear	Same as front/corner side building setback; 3 feet for side and rear

Table 525-33: Detached Accessory Use Dimensional Standards
Zoning District	RR Rural Residential	SFR Single-Family Residential	RTF Two-Family Residential	STFR Single- and Two-Family Residential
Maximum lot coverage (incl. principal and special exception buildings and structures)	50%	50%	50%	60%
Maximum number of detached accessory buildings	Unlimited	Unlimited	Unlimited	Unlimited
Maximum number of detached accessory structures	Unlimited	Unlimited	Unlimited	Unlimited
Maximum building area	Unlimited	Unlimited	Unlimited	Unlimited
Maximum structure area	Unlimited	Unlimited	Unlimited	Unlimited
Accessory structure maximum height (except for allowed towers and antennas)	18 feet	18 feet	18 feet	24 feet
Easements	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement
Front and corner side building setback	Shall not be placed closer to the front/corner side lot line than the principal structure except on lots of 3+ acres, not within a recorded subdivision plat and outside the Darboy Sanitary District detached accessory structures may be placed on the lot in a manner so that the accessory structure's front plane is no closer than 60% of the distance between the existing or planned principal structure's front plane and the established principal structure front yard setback as measured from the closest point of the principal structure; see Diagram 525-32-1	Shall not be placed closer to the front/corner side lot line than the principal structure	Shall not be placed closer to the front/corner side lot line than the principal structure	Shall not be placed closer to the front/corner side lot line than the principal structure
Rear building setback	8 feet	8 feet	8 feet	5 feet
Side building setback	8 feet	8 feet	8 feet	5 feet
Yard/green space setbacks	Same as front/corner side building setback; 3 feet for side and rear	Same as front/corner side building setback; 3 feet for side and rear	Same as front/corner side building setback; 3 feet for side and rear	Same as front/corner side building setback; 3 feet for side and rear

Table 525-33: Detached Accessory Use Dimensional Standards
Zoning District	MDR Medium-Density Residential	RMF Multifamily Residential	CL Local Commercial	CR Regional Commercial	CP Planned Commercial
Maximum lot coverage (incl. principal and special exception buildings and structures)	70%	70%	Unlimited	Unlimited	Unlimited
Maximum number of detached accessory buildings	Unlimited	Unlimited	Unlimited	Unlimited	Unlimited
Maximum number of detached accessory structures	Unlimited	Unlimited	Unlimited	Unlimited	Unlimited
Maximum building area	Unlimited	Unlimited	Unlimited	Unlimited	Unlimited
Maximum structure area	Unlimited	Unlimited	Unlimited	Unlimited	Unlimited
Accessory structure maximum height (except for allowed towers and antennas)	24 feet	24 feet	50 feet	50 feet	50 feet
Easements	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement
Front and corner side building setback	Shall not be placed closer to the front/corner side lot line than the principal structure	Shall not be placed closer to the front/corner side lot line than the principal structure	Shall not be placed closer to the front/corner side lot line than the principal structure	Shall not be placed closer to the front/corner side lot line than the principal structure	Shall not be placed closer to the front/corner side lot line than the principal structure
Rear building setback	5 feet	8 feet	10 feet	10 feet	10 feet
Side building setback	5 feet	8 feet	10 feet	10 feet	10 feet
Yard/green space setbacks	Same as front/corner side building setback; 3 feet for side and rear	5 feet from all lot lines	5 feet from all lot lines	5 feet from all lot lines	5 feet from all lot lines

Table 525-33: Detached Accessory Use Dimensional Standards
Zoning District	IND Industrial	PI Public/Institutional
Maximum lot coverage (incl. principal and special exception buildings and structures)	Unlimited	Unlimited
Maximum number of detached accessory buildings	Unlimited	Unlimited
Maximum number of detached accessory structures	Unlimited	Unlimited
Maximum building area	Unlimited	Unlimited
Maximum structure area	Unlimited	Unlimited
Accessory structure maximum height (except for allowed towers and antennas)	50 feet	50 feet
Easements	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement	Buildings and structures are prohibited in all easements unless approval is granted by entity controlling the easement
Front and corner side building setback	Shall not be placed closer to the front/corner side lot line than the principal structure	Shall not be placed closer to the front/corner side lot line than the principal structure
Rear building setback	10 feet	10 feet
Side building setback	10 feet	10 feet
Yard/green space setbacks	5 feet from all lot lines	5 feet from all lot lines

§ 525-34 Accessory use design standards.

The overall intent is to promote and encourage a variety of architectural styles. However, basic harmony with the principal building is intended to prevail so that no one structure detracts from the other; the accessory buildings and structures shall be consistent in design and material as to the principal building.

§ 525-35 Fences, walls, hedges.

Definitions.

FENCES/WALLS

Constructed barriers intended to enclose, screen, or separate areas and constructed out of traditional fence/wall material and require a permit.

GARDEN FENCES

Fences six feet in height or less enclosing gardens. A permit is not required.

SECURITY GATES

Movable fence structures installed at a driveway to allow ingress and egress through a controlled means and shall be eight feet in height or less and not wider than the driveway and require a permit.

Purpose. The purpose of this subsection is to provide guidance for landowners wishing to construct a fence. The intention is to allow landowners to construct fences for the purpose of enhancing their privacy, increasing or maintaining property value, or improving the aesthetics of the property. At the same time, it is important that these structures do not infringe upon safety, or nearby current or future neighbors, by unreasonably restricting their view or quality of life or negatively impacting property value. Additionally, fences allowed to be constructed must be maintained to preserve the quality originally intended.

General regulations.

Athletic fields/courts fences/walls are exempt from height restrictions and permit requirements.

Fences and walls on lots and parcels zoned for residential uses may be permitted in any required yard or along the edge of any required yard, unless prohibited by other restrictions. No fence or wall may exceed a height of four feet within the building setback limits adjacent to a street right-of-way, except, in "back yards" adjacent to collector or arterial street right-of-way (i.e., double frontage or corner side lots) where there is no access to a street right-of-way, the maximum height may be six feet. No fence or wall may exceed a height of six feet in any other required yard or along the edge of any required yard. Height shall be measured from the average grade. Changing the grade or installing a berm to make the fence taller is not permitted unless required by this chapter for screening purposes.

Fences and walls on lots and parcels zoned and being used for agricultural, commercial, industrial, institutional and open space purposes may not exceed a height of eight feet; provided, however, that a security topper not to exceed two feet may be added to any fence along any property line except a property line adjoining a road. Height shall be measured from the average grade. Changing the grade or installing a berm to make the fence taller is not permitted unless required by this chapter for screening purposes.

The finished or decorative side of a fence or wall shall face the adjoining property, and no part of a fence or wall shall project over the property line.

No fence or wall is permitted within any stormwater, water or sanitary sewer easement. Other utility easements may also have restrictions.

All fences and walls must provide for natural surface water flow.

(7)

Height limitations shall be referenced to any Town-approved drainage and grading plan.

(8)

Temporary fences for short-term planting, construction, hazard, or temporary event shall be marked with colored streamers or other warning devices at four-foot intervals. Temporary fences shall comply with all fence requirements of this section and shall be removed upon completion of the temporary activity.

(9)

Electric, barbed wire and razor wire fences are prohibited in all residential districts and residential uses.

(10)

See § 525-50 for corner visibility requirements.

§ 525-36 Accessory parking and storage.

These regulation apply to properties used for residential.

Definitions. For the purpose of this subsection, the following terms are defined. All other words and phrases shall be given their common, ordinary meaning, unless the context requires otherwise. Words and phrases not defined but defined elsewhere in this chapter shall be given the meaning set forth therein.

BOAT

Any description of watercraft used or capable of being used as a means of transportation on water.

RECREATIONAL VEHICLE

Any of the following:

TRAVEL TRAILERA vehicular, portable structure built on a chassis and on wheels, that is between 10 and 36 feet long, including the hitch, and eight feet or less in width; designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car, station wagon or truck. It includes so-called "fifth wheel" units.

PICKUP COACHA structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses.

MOTOR HOMEA portable, temporary dwelling to be used for travel, recreation, vacation, or other uses, constructed as an integral part of a self-propelled vehicle.

CAMPING TRAILERA canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses.

CHASSIS MOUNTS, MOTOR HOMES AND MINI MOTOR HOMESRecreational structures constructed integrally with a truck or motor van chassis and incapable of being separated therefrom.

CONVERTED AND CHOPPED VANRecreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle.

(g)

BOATEvery description of watercraft used or capable of being used as a means of transportation on water.

(h)

BOAT, SNOWMOBILE OR ALL-TERRAIN UTILITY TRAILERA vehicle on which a boat, ATV or snowmobile may be transported and is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this section is termed an unmounted boat or snowmobile.

TRAILER

An unpowered utility, storage, or transport vehicle designed to be towed by another vehicle. When a trailer is being used to hold a boat or recreational vehicle it shall not be counted as a separate unit for the purposes of this section.

Permitted parking or storage of boats, recreational vehicles and trailers. In all residential districts provided for in this chapter, it is permissible to park or store one boat or recreational vehicle or trailer on private property in the following manner:

Within all yards on a paved or gravel surface only. Further restrictions shall also apply as follows:

Parking or storage between the front/corner side lot line and the plane of the house shall be only allowed for the time period of April 1 to October 31, except for snowmobiles.

All paved parking or storage areas shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a two-inch blacktop on a four-inch base or five inches of cement will meet this requirement). Gravel surfaces which can also meet this requirement are allowed.

Parking or storage in side yards shall be subject to a minimum setback of three feet from all lot lines and five feet from the rear lot line.

Only vehicles owned by a resident on whose property the unit is parked or stored may be stored thereon. No storage or parking shall be allowed on any vacant parcel of land without a principal structure.

No part of the boat, vehicle or trailer may extend or be located in the public right-of-way, within a drainage easement or beyond the paved or gravel portion of a parking or storage area if located in the front or side yard.

Notwithstanding the restrictions in this section, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a vehicle for use not to exceed 24 consecutive hours.

Trailers which are not used to tow, hold or store a boat or recreational vehicle that have a hauling gross weight of less than 3,000 pounds and have single axles shall be exempt from restrictions except for Subsection A(2)(a)[3], (b) and (c).

Parking is permitted only for storage purposes. Vehicles shall not be:

Used for dwelling purposes, except for overnight sleeping for a maximum of two consecutive days. Cooking is not permitted at any time in any parked or stored vehicle.

Permanently connected to sewer lines, water lines or electricity. The vehicle may be connected to electricity temporarily for charging batteries and other purposes.