City of Washburn

Accessory dwelling unit (ADU)

A second dwelling unit located on the upper floor of a detached garage that is located on the same lot as a principal dwelling unit and is subordinate to the principal dwelling unit.

Districts Where Allowed Districts Allowed as a Conditional Use: R1, R2, R6, R7

Vehicle Parking:
1 space

Development Requirements:
(a) Legislative intent. Accessory dwelling units represents a way to increase the housing stock in the City and promote housing choice and affordability. Accessory dwelling units must be compatible with the surrounding area and must be clearly subordinate to the principal dwelling unit.
(b) Location. An accessory dwelling unit shall only be located on the upper floor of a detached garage that is located in the rear yard and complies with all setback requirements for the zoning district in which the subject property is located. If a variance is granted allowing construction of the garage closer to a property boundary line than what is otherwise allowed in the zoning district, such garage is not eligible to also include an accessory dwelling unit.
(c) Character of building. Any exterior changes or additions for an accessory dwelling unit shall be constructed of similar materials and shall be architecturally compatible with the principal dwelling unit.
(d) Size limitation. The floor area of the accessory dwelling unit shall not be more than 65 percent of the total floor area of the principal dwelling unit up to a maximum of 700 square feet.
(e) Number. There shall be no more than one accessory dwelling unit on the subject property.
(f) Lot area. The lot containing an accessory dwelling unit shall be at least 2,500 square feet greater than the minimum lot area for the zoning district in which the lot is located.
(g) Owner occupancy required. The property owner shall occupy either the principal dwelling unit or the accessory dwelling unit.
(h) Walkway. There shall be an unobstructed walkway leading from the public street to the accessory dwelling unit.
(i) Compliance with building codes. Prior to establishment of an accessory dwelling unit, the building inspector shall certify that the garage meets all applicable building codes. In addition, an accessory dwelling unit shall comply with all applicable building codes.
(j) Compliance with sanitation requirements. If the subject property is not served by municipal sewer, the Bayfield County Health Environmental Resource Department shall certify that the existing on-site sewage disposal system can accommodate the proposed use in accordance with county sanitation requirements.

Administrative government center

A place where government employees perform administrative functions on behalf of the public. The term includes administrative offices, post offices, and courthouses.

Administrative services

A place where employees primarily perform administrative functions and where customers are infrequent. The term includes data processing centers, customer service centers via telecommunications, architectural firms, and engineering firms.

Adult family home

A place licensed by the state under s. 50.032 (1m), Wis. Stats.

Commentary: An adult family home can either be a principal use or an accessory use. If the operator does not live in the residence with the adults, it is considered a principal use.

Districts Where Allowed Districts Allowed by Right: R1, R2, R6, R7

Vehicle Parking:
1 space for each 2 adults the facility is licensed by the state to accommodate; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Occupancy. All residents of the adult family home, other than the operator or care provider and the operator or care provider’s immediate family, shall be disabled persons as indicated in the required state license application.
(b) Location. An adult family home described in s. 50.01(l)(b), Wis. Stats., shall not be established within 2,500 feet of another such facility or any community living arrangement. An agent of a proposed adult family home may apply for an exception to this requirement, and the Common Council at its discretion may grant the exception. An adult family home certified under s. 50.032(1m)(b), Wis. Stats., is exempt from this provision.

Adult family home*

A private residence licensed by the state under s. 50.032 (1m), Wis. Stats.

Agriculture, crop

A place where nursery stock, trees, sod, fruit, vegetables, flowers, agricultural crops and forage, and other plants typically grown by agricultural operations in the region are grown.

Agriculture, general

A place where nursery stock, trees, sod, fruit, vegetables, flowers, agricultural crops and forage, and other plants are primarily grown for commercial purposes and/or livestock is raised primarily for commercial purposes. Buildings and other structures necessary for the operation are allowed. The term does not include commercial stables.

Districts Where Allowed Districts Allowed by Right: R1 Districts Allowed as a Conditional Use: none

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) Minimum lot area. A minimum lot area of 6 acres is required for general agriculture.
(b) Number of animals. The number of animals shall not exceed one animal unit for each full acre using the animal unit factors in the Exhibit 8-12. The zoning administrator is authorized to determine an appropriate animal unit factor for any animal not listed in Exhibit 8-12. (See s. 8-538)
(c) Animals not allowed. The keeping of hogs, male goats, roosters, and fur-bearing animals, other than rabbits, is prohibited.
(d) Location of new buildings. A building that houses livestock or poultry shall not be located within a floodplain or closer than 100 feet to the ordinary high-water mark of a navigable body of water, or closer than 75 feet to any property boundary line.
(e) Fencing. Any outdoor area where animals are allowed to pasture or run shall be adequately fenced and located at least 10 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Agriculture-support services

A place primarily involved in (1) providing agricultural supplies, agricultural equipment, agricultural inputs, or agricultural services; (2) storing, processing, or handling raw agricultural commodities; (3) slaughtering livestock; (4) marketing livestock; and/or (5) processing agricultural byproducts or wastes. Examples include (1) a grain warehouse, potato warehouse, or other warehouse that stores raw agricultural commodities received from farms; (2) a dairy plant that processes or handles milk from farms; (3) a meat slaughter establishment; (4) a food processing plant that processes raw agricultural commodities received from farms; (5) a feed mill or rendering plant that processes raw agricultural commodities or agricultural by-products received directly from farms, or supplies animal feed directly to farms; (6) an ethanol plant, bio-diesel plant, communal manure digester, pelletizing plant, or other facility that processes raw agricultural commodities, agricultural by-products or agricultural wastes (received directly from farms) to produce fuel or other products; (7) a sawmill or other facility that processes wood or other forest products received directly from farms; (8) a facility that provides farm inputs such as fertilizer, pesticides, seed, or feed directly to farms; and (9) a facility that is primarily engaged in providing agronomic services to farms.

Districts Where Allowed Districts Allowed as a Conditional Use: I1, R2

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) Generally. Such use shall not be located in, or adjacent to, an existing or platted residential subdivision. If such use is established prior to April 1, 2017, the adjoining lands may be platted for residential subdivisions after that date.
(b) Setbacks. All buildings, structures, and outdoor storage areas shall be located at least 100 feet from all side and rear lot lines.

Amateur radio and/or citizens band antenna

An antenna and related support structure used to send and receive telecommunications for noncommercial purposes.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, L1, M, MUW, R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Legislative findings. The Common Council makes the following legislative findings regarding amateur radio antennas:

The placement of amateur radio antennas and support structure of unregulated height and type could have a negative impact on surrounding properties and especially on the smallest of lots allowed in the town.
Pursuant to s. 59.69(4f), Wis. Stats., the regulations in this section constitute the least restrictive measures needed to promote community aesthetics, public health, and safety while allowing amateur radio communications.

(b) Number. Antennas shall be placed on no more than 2 support structures, such as a tower or on top of a building.
(c) Type of tower. An antenna may be placed on a monopole or lattice tower.
(d) Anti-climbing measures required. If a tower is used to support the antenna, the tower shall have anti‑climbing measures to prevent unauthorized climbing.
(e) Setback. An antenna shall not be located in a front yard.
(f) Setback requirements. The center of the antenna shall be no closer than 110 percent of the total height of the antenna to a lot line and overhead electric lines.

Animal shelter

A place where stray household pets are temporarily housed.

Districts Where Allowed Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each 600 square feet of gross floor area; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Confinement of animals. All animals shall be continuously confined within an enclosed building except as provided in this section. In an industrial zoning district an animal shelter may have a fenced exercise area provided:

it is at least 200 feet from a property in a residential zoning district, a planned development district that allows residential uses, or a mixed-use zoning district,
no animal shall be allowed in the exercise area from sunset to sunrise, and
the noise from animals kept in the exercise area shall comply with any noise regulations adopted by the City.

(b) Noise control. The building shall be designed and operated so that noise from the animals at the facility cannot be heard beyond the property boundary line of the parcel of land on which it is located.
(c) Required open space. If an animal shelter is not located in a commercial or industrial zoning district, a minimum of 30 percent of the parcel shall remain undeveloped (i.e., landscaped).

Artisan shop, Type I

A place where handmade craft items or works of art are made on a small-scale and offered for retail sale and where all materials, stock, and related activities are entirely located in a building. Examples of such items include paintings, textiles, weaving, photography, sculptures, pottery, leather products, handmade paper, jewelry, hand-blown glass, small wooden items, candles, soaps, and lotions.

Artisan shop, Type II

A place where handmade craft items or works of art are made on a small-scale and offered for retail sale and where some or all of the materials, stock, and related activities are located out of doors. Examples of such items include paintings, textiles, weaving, photography, sculptures, pottery, leather products, handmade paper, jewelry, hand-blown glass, small wooden items, candles, soaps, and lotions.

Bed and breakfast

A single-family residence that offers overnight accommodations for a daily charge and that also serves as a primary residence of the operator or owner.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, R1, R2, R6, R7

Vehicle Parking:
1 space for each guest room

Development Requirements:
(a) State license. Prior to the establishment of a bed and breakfast, the operator shall obtain a license from the state as may be required by state law and maintain such license for the life of the use or until the state no longer requires such license.
(b) Display of permit. The operator shall display the current bed and breakfast permit in a conspicuous location inside the bed and breakfast.

(c) Accommodations tax. Prior to the establishment of a bed and breakfast, the operator shall obtain a permit issued pursuant to s. 3-4-2(c) of the municipal code for the purpose of collecting any accommodations tax as may be adopted by the City.
(d) Registry. The operator of the bed and breakfast shall keep an accurate register showing the names of all guests. This registry shall be kept on file for a period of one year and shall be available for inspection by city officials at any time upon request.
(e) Compliance with applicable building codes. Prior to the establishment of a bed and breakfast or the expansion of an existing bed and breakfast, the building inspector shall certify that the dwelling meets all applicable building code requirements
(f) Type of dwelling. A bed and breakfast shall only occur within a single-family dwelling.
(g) Exterior character of the dwelling unit. The exterior appearance of the building shall not be altered from its single-family appearance.
(h) Residency requirement. The operator of a bed and breakfast shall reside in the single-family dwelling during those times when one or more of the rooms are occupied.
(i) Number of allowable guest rooms. No more than 8 guest rooms shall be offered.
(j) Number of guests. There shall not be more than a total of 20 guests at any one time.
(k) Food preparation. No food preparation or cooking shall be allowed in guest rooms.
(l) Meals. Meals shall only be offered to overnight guests.
(m) Maximum stay. The maximum stay for any occupant is 14 consecutive days in any 30-day period.
(n) Change in ownership. When a bed and breakfast is approved as a conditional use, such approval is personal to the applicant. Thereafter, any change in ownership shall require issuance of new conditional use approval pursuant to the procedures and requirements in effect at the time an application is made.
(o) Signage. Signage for a bed and breakfast shall comply with all applicable requirements set forth in Article 18.

Commentary: Bed and breakfasts must comply with the residential building code requirements; the commercial building code does not apply because the dwelling is the operator's residence and the operator is residing in the residence when guests are present. Depending on the nature of the building, the commercial building code may apply or the one- and two-family code may apply. The city building inspector should be contacted in this regard.

Boat dock

A pier or wharf.

Boat yard

An outdoor area where watercraft may be kept in dry storage during the off season or while not in use. Owners/operators may conduct minor repairs and maintenance on their watercraft while kept in storage.

Boathouse

A building placed above or near a waterbody that is used for the noncommercial storage of one or more watercraft and related equipment.

Districts Where Allowed Districts Allowed by Right: R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Other permits. The property owner shall obtain all necessary permits from the Wisconsin Department of Natural Resources, United States Army Corps of Engineers, and other regulatory agencies as may be required.
(b) Allowable uses. The use of a boathouse is limited to the storage of watercraft and related equipment. A boathouse shall not be used for human habitation.
(c) Yard setbacks. A boathouse may be located within a shoreyard, but shall be no closer than 10 feet to the ordinary high-water mark of the stream, lake, pond, or wetland on which it fronts. A boathouse shall not be closer than 3 feet to a side lot line.
(d) Number. No more than one boathouse shall be located on a parcel of land.
(e) Floor area. The boathouse shall contain at least 200 square feet of floor area but not more than 400 square feet.
(f) Access door requirement. A boathouse shall have a garage-type door on the side of the building facing the water. Where water frontage is all marsh and access to open water is not possible, the zoning administrator may waive this requirement at the time of permitting and approve an alternative location for the door.
(g) Plumbing fixtures. A boathouse may contain plumbing for 2 sinks, one toilet, and one standup shower, provided such fixtures are connected to an approved wastewater system.
(h) Use of flat roof. If the boathouse has a flat roof, the rooftop area may be used as an outdoor living area, provided the roof is designed for such use and otherwise meets applicable building codes (e.g., safety railing) and the top of the railing shall not be higher than the maximum height for accessory buildings in the zoning district in which it is located.
(i) Construction standards. A boathouse shall be placed on a continuous perimeter foundation that extends below the frost line or on a concrete slab.
(j) Human habitation. A boathouse shall not be used for human habitation.

Body-piercing establishment

A place where a body piercer performs body piercing.

Districts Where Allowed Districts Allowed as a Conditional Use: C2, C3, I1, MUW

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Development Requirements:
(a) State license. Prior to the establishment of a body-piercing establishment, the operator shall obtain a license from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain such license for the life of the use or until the department no longer requires such license. In addition, each practitioner shall obtain a license from the department as required by state law and maintain such license while at the establishment or until the state no longer requires such license.
(b) Locational standards. A body-piercing establishment shall not be located within 600 feet of another body-piercing establishment or a tattoo establishment. For the purpose of this section, such distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building containing the body-piercing establishment to the outer wall of the building containing the other specified land use. If one or both of the specified land uses are located in a multi-tenant building (e.g., shopping center), the measurement shall be taken from the outer boundary of such space (i.e. from the outer edge of the party wall or the exterior wall). The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of applying the separation requirements of this section.
(c) Building standards. A patron who is being pierced shall not be visible from the exterior of the building through a window or entrance to the building.
(d) Alcohol beverages prohibited. A body-piercing establishment shall not also sell, distribute, or allow consumption of alcohol beverages on the premises.

Brewpub

A place where fermented malt beverages are manufactured and those beverages, along with other beverages and food, are offered for retail sale and on-site consumption.

Districts Where Allowed Districts Allowed by Right: C2, C3 Districts Allowed as a Conditional Use: I1, MUW

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 300 square feet of gross floor area devoted topatron service, whichever is greater, plus 1 for each employee on largest work shift

Development Requirements:
(a) State permit. Prior to the establishment of a brewpub, the operator shall obtain a restaurant permit from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain such permit for the life of the use or until the department no longer requires such permit. In addition, the operator shall obtain a brewpub permit from the Wisconsin Department of Revenue, or the department’s authorized agent, and maintain such permit for the life of the use or until the department no longer requires such permit.
(b) Location of entrance. A customer entrance to a brewpub that is located on the side or rear of the building shall not be located within 50 feet of a parcel in a residential zoning district or a planned development district that allows residential uses as the predominant land use.
(c) Limitation on floor area devoted to production. No more than 40 percent of the floor area shall be devoted to the production of fermented malt beverages, including storage of raw materials and finished products.
(d) Limitation on production. Not more than 10,000 barrels (310,000 gallons) of fermented malt beverages may be manufactured in a calendar year.

Bus storage facility

A place where buses are parked when not in use and may include administrative offices and a building for the storage, care, and maintenance of buses in the fleet.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, I1, R1

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) Outdoor storage. Outdoor storage areas and other activity areas shall be located at least 50 feet from a property in a residential zoning district or a planned development district that allows residential uses and 20 feet from a property in a commercial zoning district.
(b) Control of fugitive dust. As part of the site plan and operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed.

Campground

A place where members of the general public may set up tents, campers and trailers of all types, and recreational vehicles for camping and sleeping purposes. Accessory uses may include individual cabins, a dwelling unit for the manager of the campground, and one or more buildings to house a laundromat and retail sales for the convenience of campground guests, an office, maintenance equipment, supplies, and related materials.

Districts Where Allowed Districts Allowed as a Conditional Use: L1

Vehicle Parking:
1 space at each camping space; plus 1 space at the office, if one is provided, for each 15 camping spaces

Development Requirements:
(a) State permit. Prior to the establishment of a campground, the operator shall obtain a campground permit from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain such permit for the life of the use or until the department no longer requires such permit.
(b) Minimum lot area. A minimum lot area of 7 acres is required for a campground.
(c) Density. The density shall not exceed 15 campground spaces per net acre.
(d) Required green space. A minimum of 50 percent of the parcel must consist of noninvasive vegetation (e.g., grass, flowers, shrubs, or trees) that is set apart for recreational or aesthetic purposes.
(e) Accessory facilities. Accessory facilities (e.g., laundry and food sales) may be allowed as a service to the occupants of the campground but shall be designed, operated, and located to inhibit use by non-occupants.
(f) Access. Campground spaces shall be arranged to permit the safe and practical placement and removal of vehicles from a private roadway internal to the development.
(g) Setback from lot line. A campground space shall be no closer than 40 feet to the perimeter lot line of the site.
(h) Limitation on addition of features. Storage sheds, decks, patios, and similar structures, whether permanent or temporary, are prohibited within a camping space. Structural additions to a recreational vehicle, whether permanent or temporary, are prohibited. Raised tent platforms are permitted.
(i) Solid waste collection. An off-street area for the collection of solid waste (trash) shall be provided within a campground.
(j) Continuing maintenance. The owner of the campground shall maintain the campground in a clean and sanitary manner.

Cemetery

A place where human remains may be buried or interned. Accessory uses may include columbariums, mausoleums, crematories, and mortuaries when operated in conjunction with and within the boundaries of such area. The sale of cemetery merchandise, including monuments, markers, nameplates, vases and urns, and any services that are associated with supplying or delivering those goods or with the burial of human is allowed when accessory to the principal use.

Districts Where Allowed Districts Allowed as a Conditional Use: I1, R1, R2

Vehicle Parking:
1 space for each 250 square feet of gross floor area or 1 space for each 4 seats at maximum capacity, whichever is greater; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Minimum size. A cemetery shall be at least 10 acres without a public mausoleum or at least 20 acres with a public mausoleum.
(b) Location of burial plots. Burial plots shall not be located within 20 feet of a property boundary line or a proposed right-of-way so designated on a highway width map as may be adopted by Bayfield County, in a designated floodplain, or in a wetland area; nor shall internment occur below the groundwater table.
(c) Location of mausoleums. Private mausoleums shall be located at least 20 feet from a property boundary line. Public mausoleums shall comply with the building setback requirements for principal buildings of the zoning district in which this use is located.
(d) Marker required. A permanent marker stating the name of the deceased and the birth and death dates, if known, shall identify the location of each occupied burial plot unless the zoning administrator allows an unmarked grave due to exceptional circumstances.
(e) Name required. The cemetery shall have a formal name, which shall be placed on a permanent sign located by the main entrance to the cemetery.
(f) Financial guarantee. Prior to the establishment of this use, the property owner shall submit a financial guarantee to the city pursuant to the requirements in Division 4 of Article 6 of this code, consistent with any requirement the Common Council may adopt. This financial guarantee shall relate to the long-term upkeep of the cemetery.
(g) Compliance with state law. A cemetery shall comply with all requirements set forth in subch. II of ch. 157, Wis. Stats.

Civic use facility

A place where large gatherings of people may assemble for public purposes. The term includes zoos, arenas, stadiums, and fairgrounds.

Districts Where Allowed Districts Allowed by Right: C2, C3 Districts Allowed as a Conditional Use: C1, I1, L1, MUW, R1, R6

Vehicle Parking:
1 space for each 250 square feet of gross floor area or 1 space for each 4 seats at maximum capacity, whichever is greater; plus 1 space for each employee on the largest work shift

Development Requirements:
The primary access to a civic use facility with 600 seats or more shall be off of a road classified as a collector or a higher classification as depicted on the zoning map or a supplemental map.

Commercial kennel

A place not qualifying as a private kennel or a hobby kennel where dogs, cats, or other domesticated animals over 6 months of age are housed for the purpose of boarding, breeding, training, or sale. The term includes boarding kennels, dog motels, and dog training centers. The term does not include animal hospitals, animal grooming parlors, or pet shops.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, I1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Development Requirements:
(a) Buildings. Any building used to house animals shall be at least 50 feet from a residential zoning district or a planned development district that allows residential uses. Any outdoor area where animals may be kept shall be at least 100 feet from a residential zoning district or a planned development district that allows residential uses.
(b) Special events. Special events related to a commercial kennel, such as dog shows, exhibitions, field trials, and contests, may be permitted subject to the requirements in s. 8-613.

Commercial stable

A place where horses, donkeys, and other similar domesticated animals are kept for boarding, instructional purposes, or hire on trail rides.

Districts Where Allowed Districts Allowed as a Conditional Use: R1

Vehicle Parking:
1 space for every 4 stable stalls

Development Requirements:
(a) Minimum lot area. A minimum lot area of 5 acres is required for a commercial stable.
(b) Buildings. Nonresidential buildings and other structures, such as barns, stables, riding arenas, and sheds, necessary for the operation are allowed provided they comply with all other requirements of the zoning district in which the subject property is located.
(c) Location of new buildings. A building that houses livestock, shall not be located within a floodplain, or closer than 100 feet to the ordinary high-water mark of a navigable body of water, or closer than 50 feet to any property boundary line.
(d) Manure management. As part of the site plan/operation plan review process, the handling and disposal of animal waste generated by a commercial stable shall be addressed.
(e) Number of animals. The Plan Commission may recommend and the Common Council may establish a limitation on the maximum number of animals based on site conditions, surrounding land uses, and preparation of an acceptable manure management plan.
(f) Special events. Special events related to a commercial stable, such as horse shows, exhibitions, and contests, may be permitted subject to the requirements in s. 8-613.

Community center

A place where short-term and intermittent meetings or gatherings of individuals are held for purposes of sharing information, entertainment, social service, or similar activities. The term includes senior centers; neighborhood recreational centers; fraternal, social, or civic clubs; lodges; and union halls.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, MUW Districts Allowed as a Conditional Use: I1, L1, R1, R2, R6, R7

Vehicle Parking:
1 space for each 250 square feet of gross floor area or 1 space for each 4 seats at maximum capacity, whichever is greater; plus 1 space for each employee on the largest work shift

Development Requirements:
The primary access to a civic use facility with 600 seats or more shall be off of a road classified as a collector or a higher classification as depicted on the zoning map or a supplemental map.

Community childbearing center

A place, not located in a health care center (i.e. a hospital), where births are planned to occur away from the mother’s usual residence, which also may provide to families or the general public programs, resources, and events, centered around the birthing process.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3 Districts Allowed as a Conditional Use: MUW, R1, R2, R6, R7

Vehicle Parking:
1 space for each employee on the largest work shift and 1 space for each birthing room

Development Requirements:
(a) Sate license. Prior to the establishment of a community childbearing center, the operator shall obtain licensing from the state of Wisconsin, if such licensing is required, and maintain such license for the life of the use or until the state no longer requires such license.

Community cultural facility

A place where people may gather for studying, reading, personal education, or viewing the visual arts. The term includes libraries, museums, art galleries, and observatories. The term does not include performing arts.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, C3, I1, L1, MUW, R1, R2, R6

Vehicle Parking:
1 space for each 250 square feet of gross floor area or 1 space for each 4 seats at maximum capacity, whichever is greater; plus 1 space for each employee on the largest work shift

Development Requirements:
The primary access to a community cultural facility with 600 seats or more shall be off of a road classified as a collector or a higher classification as depicted on the zoning map or a supplemental map.

Community garden

A place where a group of unrelated individuals grow vegetables, fruits, and flowers for their personal use. A community garden can be divided into individual plots of land for the exclusive use of the person assigned each plot, or the entire garden may be a cooperative effort of any number of people, or a combination thereof.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, R1, R2, R7 Districts Allowed as a Conditional Use: L1, MUW, R6

Vehicle Parking:
1 space for each 10,000 square feet of land available for production

Development Requirements:
(a) Generally. The following structures/uses are generally permitted in community gardens subject to the review and approval of the Plan Commission through the site review process: tool sheds, shade pavilions, rest-room facilities with composting toilets, indoor work areas, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, and children’s play areas. All such structures/uses shall comply with the setback provisions for principal buildings of the zoning district in which this use is located.
(b) Signage. Signage for a community garden shall comply with all special standards set forth in Article 18.

Community living arrangement, 8 or fewer residents

Any one of the following with 8 or fewer residents (1) a residential care center for children and youth as defined in s. 48.02(15d), Wis. Stats., operated by a child welfare agency licensed under s. 48.60, Wis. Stats.; (2) a group home for children as defined in s. 48.02(7), Wis. Stats.; and (3) a community-based residential facility as defined in s. 50.01(lg), Wis. Stats. The term does not include adult family homes, as defined in s. 50.01, Wis. Stats.

Districts Where Allowed Districts Allowed by Right: R1, R2, R6, R7 Districts Allowed as a Conditional Use: none

Vehicle Parking:
3 spaces for each building

Development Requirements:
(a) State license. Prior to the establishment of a community living arrangement, the operator shall obtain a license from the state as may be required by state law and maintain such license for the life of the use or until the state no longer requires such license.
(b) Occupancy. All residents of the adult family home, other than the operator or care provider and the operator or care provider’s immediate family, shall be disabled persons as indicated in the required state license application.
(c) Location. A community living arrangement shall not be established within 2,500 feet of another such facility. An agent of a facility may apply for an exception to this requirement, and the Common Council at its discretion may grant the exception. Two community living arrangements may be adjacent if allowed by the Common Council and if both facilities comprise essential components of a single program. [2] A foster home and a foster treatment home that is the primary domicile of a foster parent or foster treatment parent and that is licensed under s. 48.62, Wis. Stats., are exempt from this requirement.
(d) Advisory committee. Prior to initial licensure of the community living arrangement by the state of Wisconsin, the applicant shall make a good faith effort to establish an ad hoc advisory committee consisting of representatives from the community living arrangement, the neighborhood in which the proposed facility will be located, and a local unit of government, in accordance with s. 48.68(4), Wis. Stats., or s. 50.03(4)(g), Wis. Stats., as applicable.

Community living arrangement, 9-15 residents

Any one of the following with more than 8 but fewer than 16 residents (1) a residential care center for children and youth as defined in s. 48.02(15d), Wis. Stats., operated by a child welfare agency licensed under s. 48.60, Wis. Stats.; (2) a group home for children, as defined in s. 48.02(7), Wis. Stats.; and (3) a community-based residential facility as defined in s. 50.01(lg), Wis. Stats. The term does not include adult family homes as defined in s. 50.01, Wis. Stats.

Districts Where Allowed Districts Allowed by Right: R6 Districts Allowed as a Conditional Use: R1, R7

Vehicle Parking:
3 spaces for each building

Development Requirements:
(a) State license. Prior to the establishment of a community living arrangement, the operator shall obtain a license from the state as may be required by state law and maintain such license for the life of the use or until the state no longer requires such license.
(b) Occupancy. All residents of the adult family home, other than the operator or care provider and the operator or care provider’s immediate family, shall be disabled persons as indicated in the required state license application.
(c) Location. A community living arrangement shall not be established within 2,500 feet of another such facility. An agent of a facility may apply for an exception to this requirement, and the Common Council at its discretion may grant the exception. Two community living arrangements may be adjacent if allowed by the Common Council and if both facilities comprise essential components of a single program. A foster home and a foster treatment home that is the primary domicile of a foster parent or foster treatment parent and that is licensed under s. 48.62, Wis. Stats., are exempt from this requirement.
(d) Advisory committee. Prior to initial licensure of the community living arrangement by the state of Wisconsin, the applicant shall make a good faith effort to establish an ad hoc advisory committee consisting of representatives from the community living arrangement, the neighborhood in which the proposed facility will be located, and a local unit of government, in accordance with s. 48.68(4), Wis. Stats., or s. 50.03(4)(g), Wis. Stats., as applicable.

Composting facility

A place where vegetation (but not food wastes) may be collected and composted. The term includes the storage and manipulation of materials prior to, during, and following composting.

Districts Where Allowed Districts Allowed as a Conditional Use: I1, R1

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) Legislative intent. A composting facility, if not properly designed and operated, has the potential to cause negative impacts to the natural environment, including water resources, and be harmful to the safety and general welfare of the City and its citizens. This section is therefore intended to define basic requirements necessary to protect the public while providing waste alternatives and promoting sustainability within the community.
(b) Compliance with other requirements. In addition to meeting the requirements in this section, a composting facility shall comply with all county, state, and federal regulations that may apply, including s. NR 502.12, Wis. Admin. Code.
(c) Distance to specified features. A composting facility shall not be located within 600 feet of a residential zoning district or a planned development district that allows residential uses, an educational facility, a worship facility, or any other place where the public congregates.
(d) Setbacks. All buildings, structures, and activity areas shall be located at least 100 feet from the perimeter of the site.
(e) Location. No portion of a composting facility used for storing compostable materials or composted materials or processing of compostable materials shall be located within an area determined to be within a 100-year floodplain.
(f) Maximum capacity. The reviewing authority may establish the maximum amount of compostable materials that may be stored and processed onsite. There is no limit on the amount of finished compost that may be store.
(g) Access. A composting facility shall have legal and physical access to a road designated as a truck route.
(h) Buffer. The reviewing authority may require fencing and/or landscaping along the property boundary line deemed necessary to provide adequate screening between this use and adjoining properties.

Construction equipment repair

A place where construction equipment, such as dump trucks, excavators, graders, and scrapers, are typically left overnight for maintenance, service, or repair.

Districts Where Allowed Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Development Requirements:
Outdoor storage areas and other activity areas related to this use shall be located at least 30 feet from a property in a residential zoning district or a planned development district that allows residential uses and 10 feet from a property in a commercial zoning district. When allowed in a commercial zoning district, all repair work shall occur within an enclosed building. When allowed in an industrial zoning district, repair work may be conducted out-of-doors.

Construction equipment sales and service

A place where new and used construction equipment, such as dump trucks, excavators, graders, and scrapers, are offered for rent, sale, lease, or exchange, or are taken on consignment. This use may include the repair of such equipment.

Contractor yard

A place where a contractor or builder may establish a base of operation, which may include one or more of the following: office space; indoor and outdoor storage of construction materials, equipment, and machinery, such as trucks and heavy equipment; and shops for the repair of machinery and equipment owned by the operator.

Districts Where Allowed Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each employee working on site; plus 1 space for each fleet vehicle parked on site

Development Requirements:
(a) Limitations on equipment. There are no limitations on the number of trucks, trailers, or other heavy equipment.
(b) Storage of material. When a contractor yard is located next to a parcel in a residential or commercial zoning district, exterior storage of construction materials, wastes, and the like shall be screened with a solid, 6-foot fence and such materials shall not be placed higher than the height of the fence.
(c) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed.

Contractor's office

A portable building or enclosed trailer temporarily placed on a construction site for use by a contractor as a field office.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, M, MUW, R6

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Generally. A contractor’s office may be established for commercial and industrial construction projects, and townhomes and multi-family residential projects with 15 or more dwelling units.
(b) Duration of use. A contractor’s office shall be removed within 10 days after the date of issuance of the last occupancy permit for the building under construction.
(c) Location. A contractor’s office shall be placed in a location with the least impact to adjoining property owners.
(d) Limitation on use. The use of a contractor’s office shall be limited to construction management activities related to the construction project on the parcel of land on which it is located.
(e) Review as a conditional use. A contractor’s office that is on site for more than 365 days shall be reviewed as a conditional use.

Convenience retail sales

A place where a limited product line of frequently needed personal items is offered for retail sale. The term includes convenience stores and small grocery stores.

Dam

An artificial barrier in or across a navigable watercourse which has the primary purpose of impounding or diverting water. A dam includes all appurtenant works, such as a dike, canal, or powerhouse.

Districts Where Allowed Districts Allowed as a Conditional Use: R1

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) State and federal compliance. A dam shall comply with all state and federal rules and regulations.
(b) Removal. A dam may be removed, provided the standards and requirements of ch. 31, Wis. Stats., are met.
(c) Safety. The owner of the dam shall comply with the safety measures required in s. NR 33.07(3), Wis. Admin. Code.
(d) Unsafe conditions. If it is determined that a dam is unsafe or otherwise defective, the administrator shall follow the procedure outlined in Article 7 of this chapter relating to unsafe conditions.
(e) Termination of use. If the zoning administrator determines that a dam has not been operational for a continuous period of 12 months, the administrator shall follow the procedure outlined in Article 7 of this chapter relating to the termination of an approval.

Driving range

A place where golfers practice driving golf balls from a fixed central location. This use may include one or more buildings and other structures directly related to the operation of this use, such as an office, snack bar, and buildings for housing maintenance equipment, supplies, and related materials.

Earth materials stockpile

A place where an earth material (e.g., topsoil or gravel) is piled and temporarily stored. The earth material must be derived from an on-site land development project and/or be used on site. For earth materials stockpiles that are intended to be used and/or placed in or from the waters of Lake Superior where storage on-site would be impossible or infeasible, such earth materials stockpiles may be stored on the dock and/or loading area where they will be directly loaded into the barge, boat, or other water-going vessel that will deposit the earth materials at its final destination.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, M, R1, R2, R6, R7 Districts Allowed as a Conditional Use: MUW

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Hours of operation. When the earth materials stockpile is located within or next to a residential zoning district or a planned development district that allows residential uses, equipment used to load, move, or process materials shall only be used between the hours of 7:00 a.m. and 7:00 p.m.
(b) Term of use. As part of the site plan/operation plan review, the reviewing authority may establish the maximum length of time this use may operate.
(c) Fugitive dust. As part of the site plan/plan of operation review process, the control of fugitive dust generated by this use, if any, shall be addressed.

Educational facility, post-secondary

A place where post-secondary educational opportunities are offered. The term includes colleges, universities, community colleges, and vocational schools.

Districts Where Allowed Districts Allowed by Right: C2 Districts Allowed as a Conditional Use: C1, C3, I1, R1, R2, R6

Vehicle Parking:
0.5 space for each student during the largest class attendance period; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Temporary buildings. The primary access to a post-secondary educational facility shall be off of a road classified as a collector or a higher classification as depicted on the zoning map or a supplemental map.
(b) Required open space. If an educational facility, post-secondary, is not located in a commercial zoning district, a minimum of 30 percent of the parcel shall remain undeveloped (i.e., landscaped).

Educational facility, pre-K through 12

A place where primary and secondary educational opportunities are offered. The term includes preschools, elementary schools, junior high schools, and high schools.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, R1, R2, R6

Vehicle Parking:
0.5 space for each (K-8) classroom; 1 space for each 8 students (grades 9-12) at design capacity, whichever is greater; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Temporary buildings. A temporary building may used as a classroom when an existing facility is being renovated or when school enrollment exceeds the capacity of the existing facility, provided such building complies with all building code requirements.
(b) Required open space. If an educational facility, pre-K through 12, is not located in a commercial zoning district, a minimum of 30 percent of the parcel shall remain undeveloped (i.e., landscaped).

Equipment rental, large

A place where large equipment that is normally stored out of doors is offered for rent or lease. Typical items include modular buildings, trucks and trailers, vertical lifts, skid loaders, forklifts, backhoes, excavators, and other types of heavy equipment.

Districts Where Allowed Districts Allowed by Right: I1

Vehicle Parking:
1 space for each 8,000 square feet of outdoor display area; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Outdoor display and storage areas. Outdoor display and storage areas and other activity areas shall be located at least 50 feet from a residential zoning district or a planned development district that allows residential uses and 10 feet from a commercial zoning district.
(b) Control of fugitive dust. As part of the site plan/plan of operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed.

Equipment rental, small

A place where equipment is offered for rent and related supplies are offered for retail sale or rent. Items for rent or sale are predominantly stored indoors and may include hand tools, party equipment, and lawn and yard equipment.

Exterior communication device

An antenna used to capture wireless telecommunication signals.

Family day care home

A private residence licensed as a day care center by the state where care is provided for 4 to 8 children.

Commentary: See s. 66.1017, Wis. Stats. A group day care (9 or more children) is considered a principal use and is therefore listed as a special care facility (4.0 series).

Districts Where Allowed Districts Allowed by Right: C1, R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) License. Prior to the establishment of a family day care home, the operator shall obtain a license from the state as may be required by state law and maintain such license for the life of the use or until the state no longer requires such license.
(b) Signage. Signage for a family day care home shall comply with all applicable standards set forth in Article 18.

Farm building for non-farm storage

A building once used for agricultural purposes in which motor vehicles, construction equipment and vehicles, recreational vehicles, boats, and other related items not owned by the property owner may be stored, with or without a fee. Minor repair and maintenance of those objects in storage is permitted, provided such activity is for noncommercial purposes.

Districts Where Allowed Districts Allowed as a Conditional Use: R1

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Expansion. The building housing this use may not be enlarged to increase the storage area.
(b) Alteration of building. The building may not be altered to accommodate this use, except as may be specifically permitted by the reviewing authority as part of the review process.
(c) Exterior storage prohibited. All storage shall occur within the farm building (i.e., no outside storage).
(d) Signage. Signage for farm building for non-farm storage shall comply with all applicable standards set forth in Article 18.

Farm stand, off-site

A place where agricultural products not produced on the premises are offered for sale at retail.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3 Districts Allowed as a Conditional Use: I1, MUW

Vehicle Parking:
2 spaces

Development Requirements:
(a) Size limitation. If a structure or building is used, the ground area shall not exceed 100 square feet.
(b) Hours of operation. The sale of items shall not occur before 7:00 a.m. or after 30 minutes past sunset.
(c) Number. No more than one stand is allowed on any one premises.
(d) Signage. Signage for an off-site farm stand shall comply with all applicable standards set forth in Article 18.

Farm stand, on-site

A place where agricultural products produced exclusively on the premises are offered for sale at retail.

Districts Where Allowed Districts Allowed by Right: C1, C2, R1, R2, R6 Districts Allowed as a Conditional Use: none

Vehicle Parking:
1 space

Development Requirements:
(a) Limitation on sales. Products offered for sale shall be produced on the premises.
(b) Hours of operation. If this use is located in a residential zoning district or a planned development district that allows residential uses, the hours of operation are limited to sunrise to sunset.
(c) Use of structure. A structure may be used to store or display products and for sales, provided the following conditions are met:

Term of use. The structure is only used from April 1 through November 30 and is removed no later than December 10.
Floor area. The floor area of the structure shall not exceed 500 square feet.
Structure height. The height of the structure shall not exceed 12 feet.
Location. The structure shall be located at least 100 feet from a parcel in a residential zoning district. The structure may be located within the front yard setback area but no closer than 15 feet to the lot line.

(d) Signage. Signage for an on-site farm stand shall comply with all applicable standards set forth in Article 18.

Farmers market

A place where agricultural producers gather on a regular basis to offer their agricultural products directly to retail consumers.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3 Districts Allowed as a Conditional Use: L1, M, MUW, R1

Vehicle Parking:
1.5 space for each vendor space when sufficient on street parking is not available

Development Requirements:
(a) Hours of operation. The display of products and sales shall only occur between the hours of 7:00 a.m. and 30 minutes past sunset.
(b) Removal and clean up. All features solely associated with the farmers market shall be removed and all trash and debris shall be removed within 24 hours following the close of the farmers market.
(c) Signage. Signage for a farmers market shall comply with all applicable standards set forth in Article 18.

Fence

A linear structure constructed for aesthetics, as a visual barrier, and/or to control entry or exit into an area. Typical materials include wood, metal, wire, masonry, stacked rocks, or logs.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, L1, M, MUW, R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Applicability. The requirements of this section apply to fences more than 30 inches in height.
(b) Measurement of fence height. The height of a fence shall be measured from the adjoining ground surface to the top of the fence material (i.e., not the fence post, pole, or column). If a fence is located on a slope and is stepped, the height of the fence shall be measured midway between the vertical supports (Exhibit 8-10).
(c) Construction specifications. A fence shall meet the following construction specifications:

Thickness. With the exception of vertical supports, the thickness of a fence shall not exceed 14 inches.
Height. The top of a fence shall not exceed the height listed in Exhibit 8-11.
Orientation. All non-decorative posts, horizontal supports, cross-members, and the like shall be oriented inward to the lot on which the fence is located, except for livestock fencing.
Materials. A fence shall be constructed of building materials commonly used for fence construction in the region, except for those specifically prohibited in this section. The opacity of a fence located in a front yard shall not exceed 50 percent. All other fences may be solid from the ground to the maximum height. Snow fences constructed of wood or plastic are permitted only as temporary fences.
Vertical supports. A vertical support, such as a post or column, shall not exceed 24 inches in width or extend more than 24 inches above the top of the highest point of the adjoining fence.
Arbors. An arbor may extend above a pedestrian walkway provided it is not taller than 9 feet, wider than 5 feet, or deeper than 3 feet.
Trellises. A trellis may be incorporated into the overall design of a fence provided no part is taller than 8 feet and does not extend for more than 10 percent of the length of the side on which it is located.
Placement with respect to a lot line. A fence may be placed up to a lot line, except that a fence shall not be closer than 2 feet to a public road right-of-way or other lot line when adjoining a public pedestrian walkway or the like.
Placement in a utility easement. A fence may be placed within a utility easement, unless prohibited by the easement holder, with the understanding that the utility authority may remove such fence at the property owner’s expense, is not liable for any damage to the fence, and is not responsible for the reconstruction of the fence.
Placement in a drainage easement. A fence shall not be located within a drainage easement. Upon written petition, the zoning administrator may allow a fence in a drainage easement when it can be shown that the fence will not restrict the flow of stormwater and the easement holder does not object.

(d) Special standards for fencing around a swimming pool. A fence shall be located around a swimming pool consistent with the standards in the most current edition of ANSI/IAF-8 as promulgated by the American National Standards Institute and Association of Pool and Spa Professionals that relate to barriers and fencing.
(e) Special standards for fencing around a sport court. A fence may be located around a sport court, provided it meets the following standards:

The fence shall not exceed 12 feet in height.
The fence shall not be located within a setback line.
Any portion of the fence above 6 feet in height shall be an open woven wire.

(f) Special standards for temporary fencing. A temporary fence may be used for the duration of a construction project with a valid building permit.
(g) Modification of stormwater flow. A solid masonry fence shall not impede the natural flow of stormwater.
(h) Barbed wire fencing. Barbed wire fencing is prohibited except as follows:

Three or fewer courses of barbed wire may be installed above the top line of a 6-foot high chain link fence when located in a manufacturing zoning district.
Barbed wire may be used to contain livestock as may be allowed in the zoning district.

(i) Electric fencing. Electrically-charged fencing is prohibited except when used to contain livestock as may be allowed in the zoning district.
(j) Special standards for plant protection. Fencing may be erected in the rear or side yard setbacks during the growing season for protection of vegetation, provided such fencing does not encroach on public right-of-ways and is kept in good repair.
(k) Maintenance. A fence shall be maintained in a structurally sound manner.
(l) Fencing as a private nuisance. In no event shall any provision in this section be construed to permit a fence that constitutes a private nuisance under s. 844.10, Wis. Stats.

Financial services

A place where financial and banking services are offered. The term includes banks, savings and loan institutions, other lending institutions, auto title loan businesses, and payday loan businesses.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, MUW

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Development Requirements:
A payday loan business or auto title loan business shall not be located within 5,000 feet of another payday loan business or auto title loan business or within 500 feet of a residential zoning district or a planned development district that allows residential uses. For the purpose of this section, such distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building containing the payday loan business or auto title loan business to the outer wall of the building containing the other specified land use or, as appropriate, to the nearest lot line of a parcel in the specified zoning district. The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of applying the separation requirements of this section. If a payday loan business or auto title loan business is operating on January 1, 2011 and does not comply with the locational standards in this section, such business may continue to operate at that location.

Firewood storage

Storage of firewood for use on the premises.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, L1, M, MUW, R1, R2, R6, R7 Districts Allowed as a Conditional Use: none

Vehicle Parking:
No parking is required

Development Requirements:
(a) Location. Firewood shall only be stored in the side and rear yard, except that firewood may be temporarily stored in the front yard or side yard for a period not exceeding 30 days from the date of delivery.
(b) Setbacks. Firewood may not be stacked closer than 2 feet to a side or rear lot line and not higher than 8 feet above grade, except adjacent to a fence where firewood can be stacked no higher than the height of the fence. Fences as used in this section do not include hedges and other vegetation.
(c) Debris removed. All brush, debris, and refuse relating to the processing of firewood onsite shall be removed within 15 days.
(d) Diseased wood. Woodpiles shall not contain diseased wood that is capable of transmitting disease to healthy trees.
(e) Lot coverage. Not more than 20 percent of the side and rear yard may be used for storage of firewood.

Forestry

The harvesting, thinning, and planting of trees and related forest management activities whether for commercial or noncommercial purposes. The term includes temporary skidding yards necessary to store and sort logs harvested on the premises. The term does not include on-site processing and permanent skidding yards.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, L1, M, MUW, R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Generally. Aside from the requirements in s. 8-147, no special standards apply to forestry except as provided in this section.
(b) Removal of a tree or shrub within a defined open space area in a development project. Trees and shrubs within an area set aside as open space as part of a development project shall not be removed except as follows:

A dead or dying tree or shrub may be removed when it poses a threat to public health and safety.
The removal of trees and shrubs is done consistent with a landscape management plan as prepared by a registered landscape architect, an arborist, or a forester and as approved by the zoning administrator.

Foster home and treatment foster home

A place licensed by the state for the care of foster children and which is operated by a corporation, child welfare agency, church, or other such entity.

Commentary: See s. 48.62, Wis. Stats. A foster home and treatment foster home can either be a principal use or an accessory use. If the operator lives in the residence with the children, it is considered an accessory use.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, R1, R2, R6, R7

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) State license. Prior to the establishment of a foster home or treatment foster home, the operator shall obtain a license from the state as provided for in s. 48.75, Wis. Stats., and maintain such license for the life of the use or until the state no longer requires such license.
(b) Proximity to other such facility. A foster home or treatment foster home that is operated by a corporation, a child welfare agency, a religious association, as defined in s. 157.061(15), Wis. Stats., an association, or a public agency, shall not be established within 2,500 feet of another such facility. An agent may apply for an exception to this requirement, and the Common Council at its discretion may grant the exception.

Foster home and treatment foster home*

A facility licensed by the state for the care of foster children and which is operated by a foster parent who lives with the children.

Commentary: See s. 48.62, Wis. Stats. A foster home and treatment foster home can either be a principal use or an accessory use. If the operator lives in the residence with the children, it is considered an accessory use.

Districts Where Allowed Districts Allowed by Right: C1, C2, R1, R2, R6, R7 Districts Allowed as a Conditional Use: C3

Vehicle Parking:
On-site parking not required

Development Requirements:
Prior to the establishment of a foster home or treatment foster home, the operator shall obtain a license from the state as provided for in s. 48.75, Wis. Stats., and maintain such license for the life of the use or until the state no longer requires such license.

Funeral home

A place where the deceased may be prepared for burial or cremation and people may gather for visitation or funeral ceremonies. The indoor display of funeral equipment may also occur. The term includes mortuaries.

Garage, nonresidential

A building intended to house motor vehicles, yard equipment, and/or items related to the principal use of the premises.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, L1, M, MUW Districts Allowed as a Conditional Use: R1, R2, R6

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Type of construction. A garage shall be of conventional wood-frame, metal-frame, or masonry construction. Soft-sided structures and canopies are specifically prohibited.
(b) Exterior materials. Exterior materials shall be the same as, or substantially the same as, those used on the principal building.
(c) Rooflines. The roof lines of the garage shall match the roof lines of the principal building to the greatest practical extent.

Garage, residential

A building intended to house motor vehicles, yard equipment, and household items belonging to the people occupying the principal residence on the lot. A residential garage may be detached or attached to a building with a residential use. A carport shall be considered to be a residential garage.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, MUW, R1, R2, R6, R7 Districts Allowed as a Conditional Use: none

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Location. A garage may be attached to the residence or detached.
(b) Type of construction. A garage shall be of conventional wood-frame, metal-frame, or masonry construction. Soft-sided structures and canopies are specifically prohibited.
(c) Exterior materials. Exterior materials shall be the same as, substantially the same as, or complement those materials used on the building that houses the residential use.
(d) Rooflines. The roof lines of the garage shall match the roof lines of the principal building to the greatest practical extent.

General repair

A place where consumer goods such as shoes, bicycles, appliances, and business equipment are repaired. The term does not include repair of motor vehicles or industrial equipment.

General retail sales

A place where a diverse product line is offered for retail sale. The term includes grocery stores, retail outlets, comparison shopping stores, full-line department stores, and dollar stores.

General services

A place where services not otherwise included in any other service type category are offered. The term includes photography studios, weight loss centers, commercial postal services, beauty shops, pet grooming shops, photocopying and printing services, linen services, dry cleaning services, and diaper services.

Golf course

A place where individuals, for a fee or other consideration, play golf outdoors. This use may include one or more buildings and other structures directly related to the operation of this use, such as an office, game room with snack bar, and buildings for housing maintenance equipment, supplies, and related materials.

Districts Where Allowed Districts Allowed as a Conditional Use: R1

Vehicle Parking:
36 spaces for each 9 holes of golf; plus 1 space for each employee on the largest work shift. If a tavern or restaurant is alos part of the golf cour facility, the parking requirements of such use shall be 50 percent of the requirement

Development Requirements:
(a) Minimum lot area. A minimum lot area of 15 acres is required for a golf course.
(b) Locational standards. Club houses and maintenance buildings with a floor area exceeding 1,200 square feet shall be located at least 300 feet from a property in a residential zoning district or a planned development district that allows residential uses.
(c) Fertilizer and pesticide control plan. A fertilizer and pesticide control plan must be included in the submittal for a plan of operation.

Greenhouse

A place where fruit, vegetables, flowers, and other types of plants are grown within an enclosed building for commercial purposes, whether using sunlight or artificial lighting. For the purpose of this definition, a mushroom farm is considered a greenhouse.

Greenhouse*

A building, intended for the propagation of delicate or out-of-season plants, whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, R1, R2, R6, R7 Districts Allowed as a Conditional Use: none

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Generally. Except as provided for in this section, a greenhouse may be established subject to limitations generally applicable to accessory buildings.
(b) Number. No more than one greenhouse shall be placed on a parcel of land.

Group day care center

A place licensed as a day care by the state where care is provided for 9 or more children. This use may include outdoor play areas, playhouses, and related recreational equipment, such as swings, slides, basketball hoops, and jungle gyms.

Commentary: A family day care home (4-8 children) is considered an accessory use and is therefore listed in the 17 series.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3 Districts Allowed as a Conditional Use: I1, MUW, R1, R2, R6, R7

Vehicle Parking:
1 space for each 2 children the facility is licensed by the state to accommodate; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Outdoor activity areas. An outdoor activity area associated with a group day care center shall not be located within 20 feet of a parcel in a residential zoning district or a planned development district that allows residential uses.
(b) Required green space. If a group day care is not located in a commercial zoning district, a minimum of 30 percent of the parcel shall remain undeveloped (i.e., landscaped).

Health care center

A place where medical treatment, or nursing, rehabilitative, or preventative care is offered. The term includes ambulatory surgical facilities, hospitals, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, and rehabilitation facilities.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, C3, I1

Vehicle Parking:
1 space for each 1.5 patient beds; plus 1 s[ace for each employee on the largest work shift; plus 1 space for each doctor on the largest work shift

Development Requirements:
(a) Access requirements. The primary access to a health care center shall be off of a road classified as a collector or a higher classification as depicted on the zoning map or a supplemental map.
(b) Transition when allowed as a conditional use. When a health care center is allowed as a conditional use, an appropriate transition shall be required between this use and an adjoining use.

Health care clinic

A place where medical services are offered and patients do not stay overnight. The term includes dental clinics, medical offices, chiropractic offices, acupuncture centers, and sports medicine facilities. The term does not include those uses as classified as a health care center.

Heavy vehicle sales and service

A place where new and used large vehicles, such as recreational vehicles and campers, personal watercraft, and heavy trucks, are offered for rent, sale, lease, or exchange, or are taken on consignment. This use may include the repair of such vehicles as a subordinate use.

Home occupation, major

An occupation, profession, enterprise, or similar commercial activity that is conducted within a dwelling unit and/or an accessory building and is compatible in size and scope in a residential setting. The term does not include hobbies or similar noncommercial activities.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3 Districts Allowed as a Conditional Use: R1, R2, R6, R7

Vehicle Parking:
1 space for each company vehicle, if any; plus 1 space for each on-site employee as may be allowed

Development Requirements:
(a) Validity of use. The individual primarily responsible for operating the major home occupation shall reside in a dwelling unit on the parcel.
(b) Location and space limitation. The major home occupation may occur within the dwelling unit or within an accessory building located on the lot, or both. The space specifically designated for use of the major home occupation shall occupy no more than 25 percent of the total floor area of the dwelling unit. A major home occupation may also be located in a residential garage located on the lot, provided at least one bay is reserved for parking a full-size motor vehicle. The establishment of a major home occupation does not authorize the property owner to construct a garage or other accessory building that does not otherwise comply with this chapter.
(c) Exterior character of building. The exterior character of the building housing the major home occupation shall not be altered to accommodate such use.
(d) Storage of materials. Exterior storage of materials or equipment is allowed, but shall be screened from view from properties in a residential zoning district or a planned development district that allows residential uses to the extent deemed necessary by the reviewing authority. Flammable, combustible, or explosive materials that exceed levels normally found on a residential property are strictly prohibited.
(e) Limitation on number of on-site workers. The number of individuals working on-site shall be limited to those individuals living in the dwelling unit and one individual not living in the dwelling unit.
(f) Limitation on customer traffic. The major home occupation shall not generate more than 10 customer trips per business day.
(g) Retail sales. On-site retail sale of merchandise is permitted. Such items, however, shall not be displayed out-of-doors or in any window.
(h) Nuisance. A major home occupation shall not create any smoke, odor, glare, noise, dust, vibration, fire hazard, or small electrical interference not normally associated with typical residential uses in the zoning district.
(i) Special exception for an operator with a disability. Consistent with the procedures and requirements of Article 7, the Plan Commission may approve a special exception to any of the requirements in this section when the operator has a temporary or permanent disability and the major home occupation is or would be his or her primary livelihood and such deviation is needed to facilitate the operation of the major home occupation in a reasonable manner.
(j) Multiple home occupations. More than one major home occupation may be permitted on a single lot provided all of the general requirements set forth in this section can be met based on an accumulation of activities.
(k) Signage. Signage for a major home occupation shall comply with the requirements set forth in Article 18.

Home occupation, minor

An occupation, profession, enterprise, or similar commercial activity that is conducted entirely within a dwelling unit and is compatible in size and scope in a residential setting. The term does not include hobbies or similar noncommercial activities.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, MUW, R1, R2, R6, R7 Districts Allowed as a Conditional Use: none

Vehicle Parking:
No parking is required (or allowed)

Development Requirements:
(a) Validity of use. The individual primarily responsible for operating the minor home occupation shall reside in the dwelling unit on the parcel.
(b) Location and space limitation. The minor home occupation shall occur entirely within the dwelling unit. The space specifically designated for use of the minor home occupation shall occupy no more than 25 percent of the total floor area of the dwelling unit.
(c) Exterior character of building. The exterior character of the building housing the minor home occupation shall not be altered to accommodate such use.
(d) Storage of materials. Exterior storage of materials or equipment is prohibited. Flammable, combustible, or explosive materials that exceed levels normally found on a residential property are strictly prohibited.
(e) Limitation on number of on-site workers. The number of individuals working on-site shall be limited to those individuals living in the dwelling unit.
(f) Retail sales. On-site retail sale of merchandise is prohibited.
(g) Nuisance. A minor home occupation shall not create any smoke, odor, glare, noise, dust, vibration, fire hazard, or small electrical interference not normally associated with typical residential uses in the zoning district.
(h) Special exception for an operator with a disability. Consistent with the procedures and requirements of Article 7, the Plan Commission may approve a special exception to any of the requirements in this section when the operator has a temporary or permanent disability and the minor home occupation is or would be his or her primary livelihood and such deviation is needed to facilitate the operation of the minor home occupation in a reasonable manner.
(i) Multiple home occupations. More than one minor home occupation may be permitted on a single lot provided all of the general requirements set forth in this section can be met based on an accumulation of activities.
(j) Signage. Signage for a minor home occupation shall comply with the requirements set forth in Article 18.

Hospice care center

A place licensed by the state that provides palliative and supportive care and a place of residence to individuals with terminal illness and provides or arranges for short-term inpatient care as needed.

Commentary: See s. 50.90(1), Wis. Stats.

Districts Where Allowed Districts Allowed by Right: C2 Districts Allowed as a Conditional Use: C1, C3, MUW, R6, R7

Vehicle Parking:
1 space for each 2 residents at capacity; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) State license. Prior to the establishment of a hospice care center, the operator shall obtain a license from the state as provided for in s. 50.92, Wis. Stats., and maintain such license for the life of the use or until the state no longer requires such license.
(b) Required green space. If a hospice care center is not located in a commercial zoning district, a minimum of 30 percent of the parcel shall remain undeveloped (i.e., landscaped).

Household livestock

A place where livestock are kept primarily for the use and enjoyment of those living on the premises and occasional commercial purposes. (Also see backyard chickens and backyard rabbits which are considered a separate and distinct accessory uses.)

Districts Where Allowed Districts Allowed as a Conditional Use: R1

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Minimum lot size. A minimum lot area of 3 acres is required for household livestock.

(b) Number of animals. The number of animals shall not exceed one animal unit for each full acre enclosed by fencing using the animal unit factors in the Exhibit 8-12. The zoning administrator is authorized to determine an appropriate animal unit factor for any animal not listed in Exhibit 8-12.
(c) Prohibited animals. The keeping of hogs, male goats, roosters, or fur-bearing animals, other than rabbits, is prohibited.
(e) Location of new buildings. A building that houses household livestock shall not be located within a floodplain, or closer than 100 feet to the ordinary high-water mark of a navigable body of water, or closer than 50 feet to any property boundary line.
(f) Fencing. Any area where household livestock are allowed to pasture or run shall be adequately fenced to keep them confined to such area. Any such fence shall be located not less than 6 feet from any property boundary line.

Indoor boat storage

A place where watercraft may be kept indoors during the off season or while not in use. Owners/operators may conduct minor repairs and maintenance on their watercraft while kept in storage.

Indoor entertainment

A place where indoor entertainment is offered. The term includes theaters, movie theaters, dance halls, and theaters for performing arts. The term does not include adult-oriented establishments.

Indoor recreation

A place where indoor recreational activities are offered. The term includes bowling alleys, skating rinks, billiard and pool halls, and arcades.

Indoor shooting range

An indoor area where patrons shoot guns and bow and arrows for target practice.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, C3, R1

Vehicle Parking:
Determined on a case-by-case basis

Development Requirements:
(a) Compliance with state and federal requirements. An indoor shooting range shall comply with all applicable state and federal standards, including those relating to environmental protection and occupational health and safety.
(b) Design specifications. A professional architect or engineer with demonstrated experience in indoor shooting range design shall submit documentary evidence establishing the type and caliber of ammunition the range is designed to confine in a safe and controlled manner. Design specifications may be derived from Range Design Criteria published by the U.S. Department of Energy, Office of Health, Safety and Security; The Range Source Book published by the National Rifle Association of America; or any other similar authoritative source.
(c) Ammunition. No ammunition shall be used within the indoor shooting range that exceeds the certified design and construction specifications.
(d) Adoption of rules and procedures. The operator of the indoor shooting range shall establish and enforce clear rules and procedures for the safe operation of the range. Such rules and regulations shall include the operational standards contained in this section and those adopted by the state or federal government, and accepted industry practices, including those derived from the sources identified in subsection (b) above. Such rules shall be conspicuously displayed inside of the indoor shooting range.
(e) Security plan. A security plan shall be established for the building securing the building from unauthorized entrants.
(f) Storage of guns. All firearms stored on the premises must be stored in a gun safe or other secure storage facility or container approved by the Chief of Police.
(g) Enforcement of adopted rules and procedures. At least one adult who is an experienced shooting range operator shall be present to manage the operation of the indoor shooting range when it is being used. The shooting range operator shall take reasonable actions to ensure that employees and patrons comply with the rules and procedures governing the operation of the indoor shooting range.
(h) Minors. No person under the age of 18 shall be permitted inside of the indoor shooting range unless accompanied by an adult at all times. A minor participating in a firearms safety class supervised by a qualified adult instructor shall be deemed to be accompanied by an adult.
(i) Additional requirements. Unless preempted by state or federal law, the Plan Commission may recommend and the Common Council may impose additional conditions or requirements including reporting or inspection requirements if it determines such conditions or requirements are reasonably necessary to protect the public health, safety, and welfare. Consideration shall be given to the cost and burden of such additional requirements upon the operation of the indoor shooting range and upon City resources compared to the additional public benefit to be achieved, industry practices, and evidence of experiences with similar operations in other communities.
(j) Additional criteria for conditional use reviews. In those instances where an indoor shooting range is allowed as a conditional use, potential nuisances to the surrounding area related to air quality and noise shall be considered during the review process in addition to those criteria used to evaluate conditional uses.

Instructional services

A place where instruction, training, or tutelage is offered in such areas as gymnastics, dance, art, music, and martial arts.

Kennel, hobby

A place where 5 or more, but less than 11 adult dogs or other pet animals are kept for the occupant’s private, non-commercial purposes. The term also includes the sale and training of up to 2 litters per year.

Commentary: A commercial kennel is considered a principal use and is therefore listed in Series 9.

Landscape business

A place where a landscape contractor may establish a base of operation, which may include one or more of the following: retail sale of plant and landscape materials; office space; indoor and outdoor storage of materials, equipment, and machinery, such as trucks and heavy equipment; and shops for the repair of machinery and equipment owned by the operator.

Districts Where Allowed Districts Allowed by Right: C2, I1 Districts Allowed as a Conditional Use: C1

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Development Requirements:
(a) Limitations on features in setbacks. Outdoor work areas, parking areas, and storage of equipment and materials related to a landscape business shall not be located within the setbacks established for the zoning district in which the use is located.
(b) Control of fugitive dust. As part of the site plan/plan of operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed.

Light industrial use incidental to sales/service

A place where light repairs are made to products that are offered for retail or wholesale sale.

Live/work dwelling unit

A dwelling unit located in a building also housing a business. The work/live dwelling unit is an accessory use to the business and its use is limited to the business operator or a household that includes the business operator.

Livestock for vegetation management

Keeping of sheep and/or goats on a temporary basis for controlling undesirable plant species such as buckthorn, honeysuckle, wild rose, garlic mustard, and reed canary grass.

Districts Where Allowed Districts Allowed by Right: C1, I1, L1, MUW, R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Vegetation management plan. A vegetation management plan must be prepared and approved by the zoning administrator which describes the areas to be treated, the number of livestock being used, the time periods when livestock will be used, the type of fencing used, and other operating characteristics.
(b) Buildings. No permanent buildings may be erected or installed on the subject property for housing the livestock.
(c) Fencing. Fencing may be temporarily installed while livestock are kept on the subject property.

Maintenance garage

A place where a municipal government maintains administrative offices, equipment, and supplies necessary for maintaining public roadways, parks, and other types of public facilities.

Manufacturing

A place where products or parts are manufactured, including processing, fabrication, assembly, treatment, packaging, incidental storage, and administrative offices. The term includes a tool and die maker, furniture production, metal fabrication, apparel manufacturing, printing, and publishing.

Districts Where Allowed Districts Allowed by Right: I1

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Development Requirements:
(a) Restriction on location of manufacturing processes. All manufacturing processes shall be conducted entirely within the confines of a building.
(b) Location of outdoor activity areas. Outdoor activity areas shall be located at least 100 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Marina

A place where pleasure watercraft may dock on a temporary or permanent basis, watercraft may be trailered or untrailered, or both, and related services may be provided, such as retail sale of fuel for watercraft and supplies and servicing and repair of watercraft. The term does not include boat yards.

Mass transit terminal

A place where passengers can board mass transit. This use may include facilities for ticket sales and accessory food service areas primarily intended for passengers.

Districts Where Allowed Districts Allowed by Right: C2 Districts Allowed as a Conditional Use: C1, C3, I1, MUW

Vehicle Parking:
1 space for each 100 square feet of gross floor area devoted to a passenger waiting area; plus 1 space for each 300 square feet of gross floor area devoted to offices

Development Requirements:
The primary access to a mass transit terminal shall be located in close proximity to a road classified as a collector or a higher classification as depicted on the zoning map or a supplemental map.

Mixed-use housing

One or more dwelling units located in a building, commonly on the second floor, that also houses a commercial land use, such as a retail use or a professional office.

Model home

A residential dwelling in a residential development temporarily used as a sales office for other on-site and off-site residential dwellings and properties.

Districts Where Allowed Districts Allowed as a Conditional Use: R1, R2, R6, R7

Vehicle Parking:
Determined on a case-by-case basis

Development Requirements:
(a) Generally. A model home may only be established when the residential project in which it located is developed by a single developer and the project will have 3 or more dwelling units.
(b) On-street parking required. A model home may only be established when on-street parking is permitted on the street directly in front of the model home.
(c) Appearance. The dwelling unit used as a model home shall be of the same type and character as the dwelling units being offered for sale within the development.
(d) Duration of use. The model home shall operate for no more than 3 years. Prior to the expiration of this time period, the model home shall be closed when 80 percent of the dwelling units within the entire development have been sold.
(e) Limitation on use. The model home is intended to facilitate the sale of residential housing units in the development in which it occurs and off-site sales activity shall be clearly incidental. The model home may be furnished but shall not be occupied as a residence.
(f) Hours of operation. The model home may not be open between 8:00 pm and 8:00 am, except by appointment.
(g) Conversion. Upon cessation as a model home, the property owner shall take all necessary actions to convert the building to a dwelling unit.
(h) Signage. Signage for a model home shall comply with the requirements set forth in Article 18.

Multi-family building - 2 units

A building containing 2 dwelling units that is situated on one lot. The units may be rented or owned as in a condominium.

Districts Where Allowed Districts Allowed by Right: R1, R2, R6 Districts Allowed as a Conditional Use: C1, C2, MUW, R7

Vehicle Parking:
2 spaces for each dwelling unit

Development Requirements:
(a) Number of principal buildings per parcel. No more than one 2-unit multi-family building shall occupy any single parcel of land.
(b) Design and construction. A 2-unit multi-family building shall meet the design and construction standards for a single-family dwelling under s. 8-254.

Multi-family dwelling - 3 or more units

A building containing 3 or more dwelling units that is situated on one lot. The units may be rented or owned as in a condominium.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, MUW, R6, R7

Vehicle Parking:
2 spaces for each dwelling unit

Development Requirements:
(a) Number of principal buildings per parcel. More than one multi-family building with 3 or more dwelling units may be located on a parcel of land, provided the overall density is maintained.
(b) Design and construction. A multi-family building with 3 or more dwelling units shall meet the design and construction standards for a single-family dwelling under s. 8-254.

Nursing home

A place where 5 or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require 24-hour nursing services, including limited nursing care, intermediate level nursing care, and skilled nursing services. The term does not include (1) a convent or facility owned or operated exclusively by and for members of a religious order that provides reception and care or treatment of an individual, (2) a hospice as defined in state law, or (3) a residential care apartment complex as defined in state law.

Commentary: See s. 50.01(3), Wis. Stats.

Districts Where Allowed Districts Allowed by Right: C2 Districts Allowed as a Conditional Use: C1, MUW, R6, R7

Vehicle Parking:
1 space for each 3 beds; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) State license. Prior to the establishment of a nursing home, the operator shall obtain a license from the state as provided for in s. 50.02, Wis. Stats., and maintain such license for the life of the use or until the state no longer requires such license.
(b) Required green space. If a nursing home is not located in a commercial zoning district, at least 30 percent of the parcel shall remain undeveloped (i.e., landscaped).
(c) Parking lot screening. If an off-street parking lot is located within 50 feet of a parcel in a residential zoning district or a planned development district that allows residential uses, landscaping, fencing, a berm, or any combination thereof shall be used to effectively screen the parking area from the residential property.
(d) Setbacks. Principal buildings shall be located at least 35 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Off-site construction yard

A place where construction materials and equipment may be stored, prepped, or staged for an off-site construction project (e.g., highway reconstruction project or construction of an electric transmission line or pipeline).

Districts Where Allowed Districts Allowed as a Conditional Use: I1, R1, R2

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Development Requirements:
(a) Setback requirements. Outdoor storage areas and other activity areas shall be located at least 40 feet from a property in a residential zoning district or a planned development district that allows residential uses and 20 feet from a property in a commercial zoning district.
(b) Site restoration. As part of the review process, the applicant shall prepare and submit a restoration plan and obtain the approval of the same. Such restoration plan shall identify those areas of the parcel that will be disturbed and how those areas will be restored following the cessation of this temporary use.
(c) Financial guarantee. Prior to the establishment of an off-site construction yard, the property owner shall submit a financial guarantee in an amount equal to 110 percent of the estimated cost of site restoration identified in the restoration plan that is approved for the project subject to the requirements in Division 4 of Article 6 of this code.
(d) Signage. Signage for an off-site construction yard shall comply with the requirements set forth in Article 18.

Off-site parking lot

A place where motor vehicles associated with an off-site use may be parked for a short duration. It may be available to the public or reserved to accommodate parking for a specific purpose.

Outdoor entertainment

A place where outdoor, spectator-type uses or events are offered. The term includes race tracks, motocross courses, tractor-pulling events, and sports arenas.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, MUW

Vehicle Parking:
1 space for each 3 patron seats at the maximum capacity; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Hours of operation. The Plan Commission may recommend and the Common Council may establish hours of operation for this use when the operation may negatively affect surrounding properties.
(b) Site design considerations. The site shall be designed to minimize the effects of outdoor lighting and noise on surrounding properties.
(c) Locational standards. Activity areas shall be located at least 300 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Outdoor food and beverage service

An outdoor area with tables and chairs located on the same lot as a brewpub, restaurant, or tavern where customers can consume food and drink.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, MUW

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 300 square feet of area devoted to patron service, whichever is greater

Development Requirements:
(a) Reserved
(b) Location of service area. The outdoor service area shall be located on the same parcel of land as the brewpub, restaurant, or tavern or on an adjoining parcel. The outdoor service area shall not be located in a public right-of-way, a required landscape area, any required off-street parking space, or the required setback of a front yard, side yard, or rear yard, unless otherwise allowed by special exception consistent with the requirements of Article 7, Division 8.
(c) Consistency with state liquor license. No alcohol beverages shall be served or consumed within the outdoor service area unless the liquor, beer, or wine license, whichever is applicable, as issued by the City, explicitly includes the outdoor service area as part of the licensed premises.
(d) Conditions to include outdoor area in Licensed Premises for alcohol service and/or consumption. The following conditions are required for any outdoor service area to be included in the licensed premises for service and/or consumption of alcoholic beverages:

The outdoor service area must be accurately described in the permit application and shall be visibly demarcated in a sufficient manner for patrons and the general public to identify the boundaries of the outdoor service area. The use of traffic control devices such as cones and snow fences are not permitted for the purpose of demarcating the outdoor service area.
The outdoor service area must be visible from the interior bar and/or service area.

(e) Restroom requirements. The restroom facilities in the brewpub, restaurant, or tavern shall be available for use by customers of the outdoor service and seating area. Temporary toilet facilities are not permitted.

Outdoor kitchen

An outdoor space with non-movable structures or fixtures attached above grade or countertop level, used for cooking or food preparation. This does not include areas used for cooking and eating that consist solely of a portable grill, picnic tables, yard furniture or other similar, portable devices.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, MUW, R1, R2, R6, R7

Development Requirements:
(a) Location. An outdoor kitchen may be located in the front, side, and rear yard.
(b) Setbacks. Any fixed improvement that constitutes a structure shall comply with the building setback requirements established for the zoning district in which the subject property is located.
(c) Principal land use. An outdoor kitchen is only allowed as an accessory use in connection with a single-family dwelling as the principal use. Outdoor kitchens shall not be permitted as accessory uses to any other type of principal building or use.

Outdoor recreation

A place where outdoor recreational activities are offered. The term includes miniature golf, batting cages, water parks, and amusement parks. The term does not include driving ranges and golf courses, parks, shooting ranges, and recreational trails.

Districts Where Allowed Districts Allowed as a Conditional Use: MUW, R1

Vehicle Parking:
1 space for each 3 patrons at maximum capacity, plus 1 for each employee on largest work shift

Development Requirements:
(a) Hours of operation. The Plan Commission may recommend and the Common Council may establish hours of operation for this use when the operation may negatively affect surrounding properties.
(b) Site design considerations. The site shall be designed to minimize the effects of outdoor lighting and noise on surrounding properties.
(c) Locational standards. Activity areas shall be located at least 300 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Outdoor sales

A place where the merchandise offered for sale is primarily displayed outside of a building or other structure. This term does not include those land uses otherwise defined in this section.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, I1

Vehicle Parking:
1 space for each 5,000 square feet of outdoor display area; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Hours of operation. The hours of operation for outdoor sales shall comply with those hours as approved through the plan of operation review process, taking into account surrounding land uses.
(b) Location. Display areas shall not be located in setback areas established for principal buildings.

Overnight lodging

A place where individual guest rooms with private bathrooms are offered to transient guests for rent. This use may also include (1) recreational/fitness rooms and a food service area for the exclusive use of guests and (2) banquet facilities for meetings and other gatherings. The term includes hotels and motels but does not include bed and breakfasts.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3 Districts Allowed as a Conditional Use: MUW

Vehicle Parking:
1.5 space for each guest room; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) State permit. Prior to the establishment of overnight lodging, the operator shall obtain a hotel/motel permit from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain such permit for the life of the use or until the department no longer requires such permit.
(b) Location of entrance. A customer entrance to an overnight lodging facility that is located on the side or rear of the building shall not be located within 100 feet of a parcel in a residential zoning district or a planned development district that allows residential uses.

Park

A place where primarily outdoor recreational activities may occur. A park may be operated by a public entity for the benefit of the general public or by a homeowners association for the benefit of its members. A park may be developed with recreational facilities or undeveloped. The term includes dog parks and neighborhood recreation centers.

Park-and-ride lot

A designated place where people can park their motor vehicles for a short duration to board public transportation or to carpool or vanpool.

Party tent

A nonpermanent tent that is associated with a temporary event that is permitted under this code.

Personal storage facility

A place where individual storage units are offered for rent, lease, sale, or other arrangement. The term includes a tract of land used to store motor vehicles and watercraft.

Districts Where Allowed Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each 50 rental units when an office is provided; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Minimum lot area. A minimum lot area of one acre (43,560 square feet) is required for a personal storage facility.
(b) Access. Access to a cubicle shall not open directly onto a public road right-of-way.
(c) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed.
(d) Storage of prohibited substances. No cubicle shall be used to store explosives, toxic substances, hazardous materials, or radioactive materials.
(e) Uses. Only uses that are accessory to storage shall occur. No portion of the site shall be used for fabrication, repair, or any similar use or for human habitation.
(f) Fencing of outdoor storage area. An area used for outdoor storage of operational vehicles, watercraft, and the like shall be enclosed by a security fence as approved by the Plan Commission through the site review process.
(g) Setback of outdoor storage area. Outdoor storage areas shall comply with the setback standards for the zoning district in which the use is located.

Play structure

A playhouse and recreational equipment, such as swings, slides, and jungle gyms, normally found in a residential setting or with a group day care center.

Pond

A manmade body of water with a surface area observed or recorded within the last ten years of at least 5,000 square feet that is not otherwise required to meet stormwater requirements of a development project.

Districts Where Allowed Districts Allowed by Right: L1, R1, R2, R6, R7 Districts Allowed as a Conditional Use: C1

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Minimum lot area. A minimum lot area of 3 acres is required for a pond.
(b) Pond design. A pond shall not create the potential for flooding, concentrated runoff, inadequate drainage, or unfavorable topography.
(c) Placement. A pond shall be located at least 75 feet from all property boundary lines.

Portable storage container

An enclosed metal container that is used to temporarily store household items and similar goods.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, L1, M, MUW, R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Duration. A portable storage container shall not be located on a parcel of land for more than 90 days during any 9-month period.
(b) Location. A portable storage container shall not be located in the front or side yard setback established for the zoning district in which this use occurs, except when placed in a driveway.
(c) Maximum floor area. The cumulative floor area of one or more portable storage containers shall not exceed 250 square feet.
(d) Limitation on use. When located in a residential zoning district or a planned development district that allows residential uses, a portable storage container shall only be used to store household goods during an on-site construction/remodeling project or when used to move household goods to another location.

Professional services

A place where services involving predominantly professional, clerical, or similar operations are preformed and where customers may or could come on a regular basis. The term includes law offices, real estate offices, insurance offices, and travel agencies.

Public safety facility

A place where public safety services are offered. The term includes ambulance services, fire stations, police stations, and jails. The term does not include correctional facilities.

Districts Where Allowed Districts Allowed by Right: C2 Districts Allowed as a Conditional Use: C1, C3, I1, MUW, R1

Vehicle Parking:
1 space for each 500 square feet of gross office area; 1 space for each employee on the largest work shift; plus 1 space for each vehicle normally parked on the premises

Development Requirements:
Aside from generally applicable standards, no special standards apply to public safety facilities.

Radio broadcast facility

A free-standing tower with or without an equipment compound and other structures that is intended for the regular provision of a commercial or noncommercial service involving the transmission, emission, or reception of radio waves for the transmission of sound or images in which the transmissions are intended for direct reception by the general public.

Districts Where Allowed Districts Allowed as a Conditional Use: I1, R1, R2

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) Legislative findings. The Common Council makes the following legislative findings with regard to radio broadcast facilities:

The state legislature passed 2013 Wisconsin Act 20 (Section 1269(K)) that imposed limits on local municipalities with respect to regulating radio broadcast facilities within their jurisdictions.
The regulations in this section are intended to promote the public health, safety, and welfare, while at the same time not unduly restricting the development of needed radio broadcast facilities.
The regulations in this section are intended to accomplish the following purposes, to the fullest extent permitted by law:
protect the visual character of the city from the potential adverse effects of radio broadcast facilities; and
avoid damage to adjoining properties by establishing setback standards.

(b) Federal requirements. A radio broadcast facility shall comply with all applicable requirements of the Federal Communications Commission, the Federal Aviation Administration, and any other federal agency with authority to regulate radio broadcast facilities. In the event of a conflict between federal law and this section, federal law shall prevail.
(c) Single parcel. The fall zone and all structures related to the radio broadcast facility shall be located on a single parcel, including the tower, equipment compound, and anchor points for a guyed tower.
(d) Fall zone and other setbacks. To ensure the fall zone for the tower is located entirely on the subject property, the center of the tower shall not be located closer to a property boundary line than height of the tower. If an applicant submits an engineering certification with the application that show the fall zone is smaller than this distance, the fall zone shall be the smaller calculated area, unless the city provides the applicant with substantial evidence that the engineering certification is flawed. In all cases, the tower and equipment compound and any related buildings shall be located no closer to a property boundary line than 50 feet or the setback requirements for the zoning district, whichever is greater. The fence around anchor points for a guyed tower shall be located at least 25 feet from a property boundary line.
(e) Security fencing. A tower and related equipment compound (but not buildings for offices or production), shall be enclosed by a security fence (height and material to be established through the site plan review process). If the tower is a guyed tower, each of the anchor points shall be enclosed by a security fence.
(f) Lighting. A tower or any attachment shall not be artificially lighted, except when specifically required by a state agency, the Federal Aviation Administration, or another federal authority. Such required lighting shall be the least obtrusive to the surrounding views.
(g) Equipment buildings. The exterior of equipment buildings, shelters, and cabinets exceeding 1,500 cubic feet shall be covered with building materials typically used on buildings found in the area.
(h) Emergency power system. A backup generator may be placed within the equipment compound.
(i) Landscaping. Landscaping shall be placed around the equipment enclosure and anchor points for guyed towers consistent with a landscaping plan as approved by the plan commission. After reviewing the location of the facility and the visibility of the facility from public right-of-ways and adjoining properties, the plan commission may waive this landscape requirement or defer the requirement to a later date.
(j) Lease agreement. If the operator of the radio broadcast facility does not own the land where the facility is to be located, the property owner and the operator shall execute a lease agreement prior to any land-disturbing activity. Such agreement shall be binding on future property owners and future operators and shall address the rights and responsibilities of each party with respect to subs. (l) and (m) of this section.
(k) Ongoing maintenance. The subject property shall be maintained and kept in a good condition, so as not to become a nuisance as determined by the plan commission. Proper maintenance includes regular lawn and landscaping care, and painting and regular care of building(s), fences, towers, and other improvements. Additionally, the site shall be kept clear of junk and debris.
(l) Termination of approval. If the zoning administrator determines that the radio broadcast facility is unsafe or otherwise defective or that the radio broadcast facility has not been operating a for a continuous period of 12 months, the administrator shall follow the procedure outlined in Article 7 relating to termination of the approval. Within 90 days after the date of termination, the property owner shall remove the radio broadcast facility and restore the site to the satisfaction of the zoning administrator. In the event such work is not done within the specified period, the city shall have the right to use the financial guarantee as required by this section to pay for such work.
(m) Financial guarantee. Prior to issuance of a building permit authorizing construction of a radio broadcast facility, the applicant shall submit a financial guarantee to the city pursuant to the requirements in Division 4 of Article 6 of this code in the amount of $20,000.00.The financial guarantee shall be held until the radio broadcast facility is removed and the site restored to the satisfaction of the zoning administrator.
(n) Third party consultant. The zoning administrator may, at the applicant’s expense, hire a third party consultant to conduct an objective analysis of the submitted materials including the application and calculation of the fall zone. The third party consultant may not charge the applicant for any travel expenses incurred in such review.
(o) Duration of approval. The approval authorizing a radio broadcast facility shall run with the land and shall be binding on successors in interest.

Recreation trail

A place where a linear path may be dedicated to a single recreational use or multiple uses. Examples include hiking trails, bike trails, cross-country ski trails, and horse trails.

Recycling center

A place where recoverable materials, which have been removed from the waste stream, may be stored prior to shipment to others who use those materials to manufacture new products. Typical recoverable materials include glass, paper, metal, and plastic. The term does not include salvage yard.

Districts Where Allowed Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) Compliance with other requirements. In addition to meeting the requirements in this section, a recycling center shall comply with all county, state, and federal regulations that may apply.
(b) Location of materials and activities. All materials and activities, except loading and unloading of materials, shall be conducted entirely within the confines of a building.

Resort

A place with lodging facilities and on-site amenities primarily intended for the use of overnight guests. Guest rooms may be located in one or more buildings and may include kitchen facilities. In addition to lodging facilities and recreational amenities, such as golf, horseback riding, or lake/beach access, a resort may also include a lodge or other gathering place for guests, dining facilities, administrative facilities, and maintenance and storage facilities.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, MUW, R1, R7

Vehicle Parking:
1 space for each guest room; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) State permit. Prior to the establishment of a resort, the operator shall obtain a hotel/motel permit from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain such permit for the life of the use or until the department no longer requires such permit.
(b) Minimum lot area. A minimum lot area of 4 acres is required for a resort.
(c) Required green space. A minimum of 50 percent of the parcel must consist of noninvasive vegetation (e.g., grass, flowers, shrubs, or trees) that is set apart for recreational or aesthetic purposes.
(d) Special dimensional standards. Club houses and similar buildings, lodging facilities, and maintenance buildings with a floor area exceeding 1,200 square feet shall be located at least 100 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Restaurant

A place where food and beverages are offered for retail sale for on-site or off-site consumption, and where the on-site consumption of fermented malt beverages, wine, or liquor, if any, is clearly secondary and subordinate to the sale of food and nonalcoholic beverages. A restaurant may also prepare food as part of a catering business. The term does not include a grocery store with a food service section.

Districts Where Allowed Districts Allowed by Right: C2, C3, MUW Districts Allowed as a Conditional Use: C1

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 300 square feet of gross floor area devoted topatron service, whichever is greater, plus 1 for each employee on largest work shift

Development Requirements:
(a) State permit. Prior to the establishment of a restaurant, the operator shall obtain a restaurant permit from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain such permit for the life of the use or until the department no longer requires such permit.
(b) Location of entrance. A customer entrance to a restaurant that is located on the side or rear of the building shall not be located within 100 feet of a parcel in a residential zoning district or a planned development district that allows residential uses.

Retirement home (assisted living)

A place where individuals, generally 62 years of age or older, may occupy independent dwelling units. The units may be rented or owned as in a condominium. This use may include limited on-site commercial and medical facilities for the exclusive use of residents.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, C3, MUW, R1, R6, R7

Vehicle Parking:
1 space for each unit; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Required green space. If a retirement home is not located in a commercial zoning district, at least 30 percent of the parcel shall remain undeveloped (i.e., landscaped).
(b) Parking lot screening. If an off-street parking lot is located within 20 feet of a parcel in a residential zoning district or a planned development district that allows residential uses, landscaping, fencing, a berm, or any combination thereof shall be used to effectively screen the parking area from the residential property.
(c) Setbacks. Principal buildings shall be located at least 35 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Rural accessory building

A structure so designated consistent with Division 11 of Article 7 of this chapter.

Sales incidental to industrial use

A place where items manufactured on site are offered for sale as a subordinate use to the manufacturing operation.

Districts Where Allowed Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Development Requirements:
(a) Maximum floor area. The total floor area devoted to indoor sales shall not exceed 25 percent of the total floor area of the building.
(b) Required separation. The area devoted to wholesale/retail sales shall be physically separated from those areas used for industrial purposes by a physical barrier such as a full-height interior wall or a half-wall.

Seasonal product sales

An outdoor area where merchandise typically associated with a seasonal holiday or festival is displayed and offered for sale at retail immediately before the event. Examples of such merchandise include Christmas trees and wreaths for Christmas and pumpkins for Halloween.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, I1, M, MUW, R1

Vehicle Parking:
Determined on a case-by-case basis, but not less than 2 when on street parking is not available

Development Requirements:
(a) Duration of use. Merchandise shall not be sold any sooner than 30 days prior to the date of the seasonal event. Cleanup and removal of all related items shall be completed within 2 days following the date of the seasonal event.
(b) Removal and clean up. Within 24 hours following the termination of the sale, all features associated with the sale and trash and debris of all kinds shall be removed from the site.
(c) Signage. Signage for seasonal product sales shall comply with the requirements set forth in Article 18.

Service window, drive-up

An opening in a building through which patrons are served while remaining in a motor vehicle.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, C3, MUW

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Crosswalks. A pedestrian crosswalk shall be marked on the pavement when the lane for a drive-up service window is situated between on-site parking and a building entrance.
(b) Length of queue lane. The lane leading up to a drive-up service window shall be of sufficient length so that at the anticipated customer peak, all motor vehicles waiting in queue will be entirely on the premises.
(c) Location. A drive-up service window shall only be located to the side or rear of the building in which it is located and at least 60 feet from a parcel in a residential zoning district.

Service window, walk-up

An opening in a building through which patrons are served while standing outside of the building.

Sidewalk café

An outdoor dining area located on public property, typically a sidewalk, and operated as an integral part of an adjacent restaurant where food and beverages are sold or served primarily for consumption on the premises.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, MUW Districts Allowed as a Conditional Use: none

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 300 square feet of area devoted to patron service, whichever is greater

Development Requirements:
(a) Legislative findings. The Common Council finds that sidewalk cafes if properly designed and operated can (1) enhance the pedestrian ambiance of the City by promoting additional activity on city sidewalks and visual interest; (2) enhance the appropriate use of existing public spaces; and (3) increase economic activity in the area.
(b) Location. A sidewalk café shall be located directly in front of the restaurant with which it is associated.
(c) Obstructions. A sidewalk café may not interfere with any public service facilities located within the street right-of-way, including public telephones, mailboxes, public signs, public benches, public art, public fountains, and bus stops. In addition, a sidewalk café may not interfere with fire escapes, drop ladders, building access points, and other points of normal or emergency access.
(d) Pedestrian movement. Tables, chairs, planters, or other objects related to the sidewalk café shall not impede pedestrian movement. Generally, a 4-foot wide unobstructed walkway allows adequate pedestrian movement (Exhibit 8-13).
(e) Planters. Planters may be used as a visual amenity and to frame off the space allocated for the sidewalk café. The size of plant materials shall be compatible in scale with the immediate area. Hanging planters are permitted provided they are attached to a building or a utility pole, with approval of the public works director, and the bottom of the hanging planter is at least 7 feet above the surrounding grade.
(f) Lighting. Lighting shall be limited to table top lamps of low intensity. The building inspector may allow additional lighting to provide appropriate levels for safety.
(g) Furnishings. All furnishings shall fit the character of a public streetscape. An umbrella over each table may be permitted if it does not create an obstruction.
(h) Floor covering. A floor covering may not be used in the sidewalk café.
(i) Tables. Round tables may not exceed 36 inches in diameter and square tables may not exceed 36 inches in width.
(j) Food preparation. All food shall be prepared within the restaurant.
(k) Alcohol beverages prohibited. No alcohol beverages may be served or consumed in the sidewalk café.
(l) Restroom requirements. The restroom facilities in the brewpub or restaurant shall be of sufficient capacity to serve both the indoor and outdoor patrons. Temporary toilet facilities are not permitted.

Single-family dwelling

A building containing one dwelling unit that is situated on one lot and is not attached to any other dwelling unit by any means. The term includes manufactured homes, modular homes, panelized homes, pre-cut homes, and site-built homes, but excludes mobile homes.

Districts Where Allowed Districts Allowed by Right: C1, R1, R2, R6, R7 Districts Allowed as a Conditional Use: C3, MUW

Vehicle Parking:
2 spaces

Development Requirements:
(a) Number of principal dwellings per parcel. No more than one principal residential building shall occupy any single parcel of land.
(b) Design and construction. A single-family dwelling shall meet the following standards:

The roof shall have a minimum pitch of 4 to 12, except when a flat roof if integral to the architectural style of the dwelling.
Suitable roof coverings include slate, concrete, clay, or ceramic tiles; wood shingles or shakes; or metal, fiberglass, or asphalt shingles; or standing seam panels.
Exterior wall surfaces shall be covered with stucco, wood siding, cement-fiber siding, vinyl siding, metal horizontal lap siding, wood shingles, or a masonry veneer.
An overhang shall extend at least 12 inches beyond the face of the exterior wall, except when integral to the architectural style of the dwelling (e.g., saltbox).
The building shall be set on and anchored to a continuous permanent foundation that extends around its perimeter.Consistent with the requirements in Article 7, the Plan Commission may approve a special exception authorizing the use of an exterior material not specifically allowed in this subsection.

Solar energy system, building-mounted

An installation that is mounted on a building and uses sunlight to produce electricity or provide heat or hot water to a building.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, L1, M, MUW, R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Maximum surface area. No portion of a panel used to collect solar energy may extend beyond the roof perimeter or the wall perimeter to which it is attached.
(b) Maximum height. A building-mounted solar energy system shall comply with the maximum height requirements of the zoning district in which the building is located.
(c) Placement on a roof. The panels of a solar energy system that are mounted on a roof may be either fixed or movable and may be placed at an angle to optimize efficiency of the system.
(d) Placement on a façade. A solar energy system may be mounted on the façade of a commercial building if integrated into the overall design of the building. Such installations shall not project more than 4 feet from the face of the wall.
(e) Certification. A solar panel shall be certified by one of the following: Underwriters Laboratories, Inc.; National Renewable Energy Laboratory; Solar Rating and Certification Corporation; or other recognized body as approved by the zoning administrator. The building inspector may approve the use of a homemade panel.
(f) Glare. A solar panel shall be positioned so as to minimize glare towards vehicular traffic and adjacent properties.
(g) Approval by electric utility company. If the solar energy system is designed to produce electricity, the property owner shall submit documentation acceptable to the building inspector indicating that the system meets all applicable regulations and requirements of the affected electric utility company.
(h) Termination of use. If the zoning administrator determines that more than 50 percent of the panels (measured by total area) have not been operational for a continuous period of 12 months, the administrator shall follow the procedure outlined in Article 7 relating to the termination of an approval.
(i) Compliance with state law. The provisions in this section are intended to satisfy the requirements of s. 66.0401(1m), Wis. Stats. On a case by case basis, if the restrictions of this subsection are found not to comply with the authority of s. 66.0401(1m), Wisconsin Statutes, they shall not be required. The Plan Commission shall have the ability to add additional restrictions on a case by case basis, provided they are within the authority of the City pursuant to s. 66.0401(1m), Wis. Stats., and in particular the restriction must satisfy one of the following conditions:

Serves to preserve or protect the public health or safety.
Does not significantly increase the cost of the system or significantly decrease its efficiency.
Allows for alternative system of comparable cost and efficiency.

Solar energy system, free-standing

An installation that is mounted on the ground and uses sunlight to produce electricity or provide heat or hot water to a building.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, L1, M, MUW, R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Surface area. The surface area of a free-standing solar energy system shall not exceed 5 percent of the lot area.
(b) Number. There is no limit on the number of free-standing solar energy systems on a parcel of land.
(c) Maximum height. A free-standing solar energy system in any position shall not exceed 15 feet in height as measured from the surrounding grade.
(d) Setback. A free-standing solar energy system in any position shall not extend into the setback of a front yard, side yard, shore yard, or rear yard as established for the zoning district in which the parcel is located. Pursuant to the procedures and requirements in Article 7, the Plan Commission may approve a special exception to allow a free-standing solar energy system to extend into a setback when no other location on the parcel is acceptable and the encroachment is the least necessary to allow the system to operate.
(e) Placement in yards. A free-standing solar energy system located in a residential or commercial zoning district shall only be located in the rear or side yard. Pursuant to the procedures and requirements in Article 7, the Plan Commission may approve a special exception to allow a free-standing solar energy system in the front yard when no other location on the parcel is acceptable and the encroachment is the least necessary to allow the system to operate. A solar panel in a manufacturing zoning district may be located in any yard area.
(f) Certification. A free-standing solar energy system shall be certified by one of the following: Underwriters Laboratories, Inc.; National Renewable Energy Laboratory; Solar Rating and Certification Corporation; or other recognized body as approved by the zoning administrator. The building inspector may approve the use of a homemade panel.
(g) Glare. A free-standing solar energy system shall be positioned so as to minimize glare towards vehicular traffic and adjacent properties.
(h) Approval by electric utility company. If the solar energy system is designed to produce electricity, the property owner shall submit documentation acceptable to the building inspector indicating that the system meets all applicable regulations and requirements of the affected electric utility company.
(i) Termination of use. If the zoning administrator determines that a free-standing solar energy system has not been operational for a continuous period of 12 months, the administrator shall follow the procedure outlined in Article 7 relating to the termination of an approval.
(j) Compliance with state law. The provisions in this section are intended to satisfy the requirements of s. 66.0401(1m), Wis. Stats. On a case by case basis, if the restrictions of this subsection are found not to comply with the authority of s. 66.0401(1m), Wisconsin Statutes, they shall not be required. The Plan Commission shall have the ability to add additional restrictions on a case by case basis, provided they are within the authority of the City pursuant to s. 66.0401(1m), Wis. Stats., and in particular the restriction must satisfy one of the following conditions:

Serves to preserve or protect the public health or safety.
Does not significantly increase the cost of the system or significantly decrease its efficiency.
Allows for alternative system of comparable cost and efficiency.

Solar power plant

A utility-scale commercial facility that converts sunlight into electricity with the primary purpose of wholesale or retail sales of generated electricity.

Commentary: See the 17 series for accessory uses.

Districts Where Allowed Districts Allowed as a Conditional Use: I1, L1, R1, R2, R7

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) Minimum lot area. An area of 3 acres is required for a solar power plant.
(b) Setbacks. Solar panels and other related structures shall not be located within the building setback area. Additional setbacks may be required to mitigate noise and glare impacts, as identified through the site plan review process.
(c) Security fencing. With approval of the Plan Commission, a security fence (height and material to be established through the site plan review process) may be placed around the perimeter of the solar power plant. If a security fences is installed, knox boxes and keys shall be provided at locked entrances for emergency personnel access.
(d) Identification sign. An identification sign no larger than 18 inches by 24 inches shall be placed in a visible location near the primary entrance of the site that lists (1) the name of the facility owner/operator, (2) a telephone number to contact in case of an emergency, and (3) information relating to potential voltage hazards.
(e) Warning signs. Appropriate warning signage may be placed at the entrance and around the perimeter of the solar power plant project as approved through the site plan review process.
(f) Electric power lines. Power lines within a solar power plant shall be placed underground, except that power lines that leave the project site may be overhead.
(g) Approval by electric utility company. The owner/operator shall submit documentation acceptable to the zoning administrator indicating that the system meets all applicable regulations and requirements of the affected electric utility company.
(h) Landscaping. As part of the site plan review process the Plan Commission shall require appropriate landscaping and/or other screening materials to help screen the solar power plant from public right-of-ways and neighboring residences. After reviewing the location of the facility and the visibility of the facility from public right-of-ways and adjoining properties, the Plan Commission may waiver or defer this landscape requirement to a later date.
(i) Outdoor lighting. Lighting of the solar power plant and accessory structures shall be limited to the minimum necessary for site security.
(j) Lease agreement. If the operator of the solar power plant does not own the land where the facility is to be located, the property owner and the operator shall execute a lease agreement prior to any land-disturbing activity. rights and responsibilities of each party with respect to subs. to subs. (l) and (m) of this section.
(k) Ongoing maintenance. The solar power plant shall be properly maintained and kept in a good condition, so as not to become a nuisance. Proper maintenance includes regular lawn and landscaping care, and painting and regular care of building(s), fences, and other improvements. Additionally, the site shall be kept clear of junk and debris.
(l) Termination of approval. If the zoning administrator determines that the solar power plant is unsafe or otherwise defective or that the site has not produced any electricity for a continuous period of 12 months, the administrator shall follow the procedure outlined in Article 7 relating to termination of the approval. Within 90 days after termination, the property owner shall remove the solar power plant and all related equipment and improvements and restore the site to the satisfaction of the zoning administrator. In the event such work is not done within the 90-day period, the city shall have the right to use the financial guarantee as required by this section to pay for such work.
(m) Financial security.Prior to issuance of a building permit authorizing construction of a solar power plant, the applicant shall submit a financial guarantee to the city pursuant to the requirements in Division 4 of Article 6 of this code in the amount of $20,000.00. The financial guarantee shall be held until the solar power plant and related improvements are removed and the site restored to the satisfaction of the zoning administrator.

Solid waste transfer station

A place where solid waste may be temporarily stored prior to transport to a processing plant or to final disposal.

Districts Where Allowed Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) Compliance with other requirements. In addition to meeting the requirements in this section, a solid waste transfer station shall comply with all county, state, and federal regulations that may apply.
(b) Location of materials and activities. All materials and activities, except loading and unloading of materials, shall be conducted entirely within the confines of a building.
(c) Distance to specified features. A solid waste transfer station shall not be located within 600 feet of a residential zoning district or a planned development district that allows residential uses, an educational facility, a worship facility, or any other place where the public congregates.

Special event, major

An event of limited duration that (i) is open to the public, (ii) is not otherwise permitted in the zoning district, and (iii) is expected to draw more than 100 people. Examples include auctions, art fairs, festivals, fundraisers, outdoor customer appreciation events, and on- and off-road races of all types.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, C3, I1, L1, M, MUW, R1, R2, R6, R7

Vehicle Parking:
Determined on a case-by-case basis

Development Requirements:
(a) Sanitation. The operator shall comply with sanitation requirements as may be established by the Bayfield County Health Department.
(b) Setbacks. No portion of the property within the setbacks established for the zoning district shall be used for a special event, except as specifically authorized in the approval.
(c) Road closure. If the special event involves closing a public roadway or primarily uses a public roadway for the event, the event organizer shall obtain all necessary approvals from the agency having jurisdiction over the affected roadway.

Special event, minor

An event of limited duration that (i) is open to the public, (ii) is not otherwise permitted in the zoning district, and (iii) is expected to draw more than 50 but less than 100 people. Examples include auctions, art fairs, festivals, fundraisers, outdoor customer appreciation events, and on- and off-road races of all types.

Storage container

An enclosed metal container exceeding 900 cubic feet typically used to temporarily store merchandise.

Districts Where Allowed Districts Allowed as a Conditional Use: C2

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Location. A storage container in a commercial zoning district shall only be located in a rear yard, but not within a setback or in a parking area required by this chapter.
(b) Stacking prohibited. Storage containers shall not be stacked one on top of another.
(c) Character. A storage container shall be structurally sound and in good repair as determined by the building inspector.
(d) Signage. The exterior of a storage container shall not be used for signage.

Stormwater management facility

A natural or manmade feature that collects, conveys, channels, holds, inhibits, or diverts the movement of stormwater.

Street

A surfaced travelway for motor vehicles that is located within an easement or right-of-way.

Swimming pool

A structure placed on the ground surface or below-ground that is filled with water for swimming. The term does not include those pools that are less than 15 feet in diameter and which are taken down and stored in the off-season.

Districts Where Allowed Districts Allowed by Right: R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Location. A swimming pool shall not be located closer than 10 feet to the principal structure. A swimming pool may only be located in a side or rear yard, but not closer than 6 feet to a property boundary line or the minimum setback for an accessory building whichever is greater. A swimming pool shall have a horizontal separation distance of at least 15 feet from any septic tank or soil absorption field. The inside wall of the pool shall be located at least 10 feet from the vertical plane formed by the electrical wire perpendicular to the ground surface. The filter unit, pump, heating unit, and any other mechanical equipment shall be located at least 15 feet from a property boundary line.
(b) Decking. Surfaced terraces, sun decks, and walks that are accessory to a swimming pool shall be at least 5 feet from a property boundary line.
(c) Draining of water. Water that is drained out of a swimming pool shall not flow onto adjoining property without the property owner’s explicit approval, into a wetland, into a navigable waterbody, or into a sanitary sewer without the approval of the public works director or city administrator.
(d) Area. The ground area of a swimming pool shall not exceed 30 percent of the rear and side yards of the parcel on which it is located.
(e) Design specifications. A swimming pool shall meet the most current standards published by the National Spa and Pool Institute (NSPI) and the American National Standards Institute (ANSI) including those for plumbing, electrical service, sanitation, fencing, security, and safety.
(f) Fencing. A fence shall be located around a swimming pool consistent with the standards in the most current edition of ANSI/IAF-8 as promulgated by the American National Standards Institute and Association of Pool and Spa Professionals that relate to barriers and fencing. Any swimming pool existing as of April 1, 2017 that does not meet the fencing requirements shall comply with the fencing requirements before water is placed in the pool.

Tattoo establishment

A place where a tattooist applies a tattoo to another individual.

Districts Where Allowed Districts Allowed as a Conditional Use: C2, C3, I1, MUW

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Development Requirements:
(a) State license. Prior to the establishment of a tattoo establishment, the operator shall obtain a license from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain such license for the life of the use or until the department no longer requires such license. In addition, each practitioner shall obtain a license from the department as required by state law and maintain such license while at the establishment or until the department no longer requires such license.
(b) Locational standards. A tattoo establishment shall not be located within 600 feet of another tattoo establishment or a body-piercing establishment. For the purpose of this section, such distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building containing the tattoo establishment to the outer wall of the building containing the other specified land use. If one or both of the specified land uses are located in a multi-tenant building (e.g., shopping center), the measurement shall be taken from the outer boundary of such space (i.e. from the outer edge of the party wall or the outer wall). The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of applying the separation requirements of this section.
(c) Building standards. A patron who is being tattooed shall not be visible from the exterior of the building through any window or entrance to the building.
(d) Alcohol beverages prohibited. A tattoo establishment shall not also sell, distribute, or allow consumption of alcohol beverages on the premises.

Tavern

A place where fermented malt beverages, wine, or liquor are offered for retail sale for on-site consumption and where food consumption, if any, is clearly secondary and subordinate to the sale of alcoholic beverages. The term includes bars, drinking establishments, sports bar, and lounges.

Districts Where Allowed Districts Allowed by Right: C2, C3, MUW Districts Allowed as a Conditional Use: C1

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 300 square feet of gross floor area devoted topatron service, whichever is greater, plus 1 for each employee on largest work shift

Development Requirements:
(a) Local license. Prior to the establishment of a tavern, the operator shall obtain a license from the city and maintain such license for the life of the use or until the license is no longer required.
(b) Compliance with state requirements. A tavern shall comply with requirements as may be adopted by the state of Wisconsin.
(c) Location of entrance. A customer entrance to a tavern that is located on the side or rear of the building shall not be located within 50 feet of a parcel in a residential zoning district or planned development district that allows residential uses as the predominant land use.

Telecommunication collocation (class 1)

The placement of a new mobile service facility on an existing support structure which constitutes a substantial modification.

Telecommunication collocation (class 2)

The placement of a new mobile service facility on an existing support structure which does not constitute a substantial modification.

Telecommunication tower

A free-standing tower with or without an equipment compound that is intended for the placement of one or more mobile service facilities.

Vehicle Parking:
1 space

Development Requirements:
(a) Legislative findings. The Common Council makes the following legislative findings with regard to telecommunication towers providing mobile telecommunication services:

The state legislature passed 2013 Wisconsin Act 20 (Section 1269(I)) that imposed limits on local municipalities with respect to regulating telecommunication facilities within their jurisdictions.
The federal government adopted the Telecommunications Act of 1996 which established various requirements relating to telecommunication facilities.
The regulations in this section are intended to promote the public health, safety, and welfare, while at the same time not unduly restricting the development of needed telecommunications facilities.
The regulations in this section are intended to accomplish the following purposes, to the fullest extent permitted by law:
protect the visual character of the city from the potential adverse effects of telecommunication facilities;
ensure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided;
create and preserve telecommunication facilities that will serve as an important and effective part of the citys emergency response network;
minimize the number of towers by requiring collocation; and
avoid damage to adjoining properties by establishing setback standards.

(b) Federal requirements. A telecommunication tower shall comply with all applicable requirements of the Federal Communications Commission, the Federal Aviation Administration, and any other federal agency with authority to regulate telecommunication facilities. In the event of a conflict between federal law and this section, federal law shall prevail.
(c) Single parcel. The fall zone and all structures related to the telecommunication facility shall be located on a single parcel, including the tower, equipment compound, and anchor points for a guyed tower.
(d) Fall zone and other setbacks. To ensure the fall zone for the tower is located entirely on the subject property, the center of the tower shall not be located closer to a property boundary line than height of the tower. If an applicant submits an engineering certification with the application that show the fall zone is smaller than this distance, the fall zone shall be the smaller calculated area, unless the city provides the applicant with substantial evidence that the engineering certification is flawed. In all cases, the tower and equipment compound shall be located no closer to a property boundary line than 50 feet or the setback requirements for the zoning district, whichever is greater. The fence around anchor points for a guyed tower shall be located at least 25 feet from a property boundary line.
(e) Security fencing. A tower and related equipment compound consisting of equipment buildings, shelters, and cabinets, shall be enclosed by a security fence (height and material to be established through the site plan review process). If the tower is a guyed tower, each of the anchor points shall be enclosed by a security fence.
(f) Lighting. A tower or any attachment shall not be artificially lighted, except when specifically required by a state agency, the Federal Aviation Administration, or another federal authority. Such required lighting shall be the least obtrusive to the surrounding views.
(g) Equipment buildings. The exterior of equipment buildings, shelters, and cabinets exceeding 1,500 cubic feet shall be covered with building materials typically used on buildings found in the area.
(h) Emergency power system. A backup generator may be placed within the equipment compound.
(i) Identification sign. An identification sign no larger than 18 inches by 24 inches shall be placed in a visible location near the base of the tower that lists (1) the name of the tower owner, (2) the Federal Communications Commission identification number, and (3) a telephone number to contact in case of an emergency. Exhibit 8-9 is an example of a sign that provides the necessary information.
(j) Accommodation of other users on new towers (collocation). A tower over 150 feet in height, along with the tower site and all support facilities and appurtenances, shall accommodate at least two additional users, unless the zoning administrator determines that evidence presented by the tower operator demonstrates it is not technically feasible to do so. Further, the tower operator and their successors in interest shall allow other users to use the tower, the tower site, support facilities, and appurtenances at fair market rates as negotiated by those parties. If the plan commission determines the tower operator has made access to the tower and tower site unfeasible, the zoning administrator shall notify the tower operator via registered mail of such determination. If the tower operator does not take corrective action within 45 days of such determination, the permit for that tower shall become null and void and the tower shall be removed and the site restored within 90 days of such determination.
(k) Requirement for collocation. A new tower shall only be permitted if the applicant demonstrates with a sworn statement that collocation on an existing or planned tower within the applicant’s search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider. If the applicant does not provide such analysis and sworn statement, the application for a new tower shall be denied.
(l) Reserved.
(m) Landscaping. Landscaping shall be placed around the equipment enclosure and anchor points for guyed towers consistent with a landscaping plan as approved by the plan commission. After reviewing the location of the facility and the visibility of the facility from public right-of-ways and adjoining properties, the plan commission may waive this landscape requirement or defer the requirement to a later date.
(n) Lease agreement. If the operator of the telecommunication tower does not own the land where the facility is to be located, the property owner and the operator shall execute a lease agreement prior to any land-disturbing activity. Such agreement shall be binding on future property owners and future operators and shall address the rights and responsibilities of each party with respect to subs. (p) and (q) of this section.
(o) Ongoing maintenance. The subject property shall be maintained and kept in a good condition, so as not to become a nuisance as determined by the plan commission. Proper maintenance includes regular lawn and landscaping care, and painting and regular care of building(s), fences, towers, and other improvements. Additionally, the site shall be kept clear of junk and debris.
(p) Termination of approval. If the zoning administrator determines that the tower is unsafe or otherwise defective or that the tower has not hosted an operational antenna for a continuous period of 12 months, the administrator shall follow the procedure outlined in Article 7 relating to termination of the approval. Within 90 days after the date of termination, the property owner shall remove the tower, equipment cabinets, and all related equipment and improvements that are part of its communication facilities and restore the site to the satisfaction of the zoning administrator. In the event such work is not done within the specified period, the city shall have the right to use the financial guarantee as required by this section to pay for such work.
(q) Financial guarantee.Prior to issuance of a building permit authorizing construction of a tower, the applicant shall submit a financial guarantee to the city pursuant to the requirements in Division 4 of Article 6 of this code in the amount of $20,000.00. The financial guarantee shall be held until the tower and related improvements are removed and the site restored to the satisfaction of the zoning administrator.
(r) Third party consultant. The zoning administrator may, at the applicant’s expense, hire a third party consultant to conduct an objective analysis of the submitted materials including the application, calculation of the fall zone, and certification that collocation is not possible. The third party consultant may not charge the applicant for any travel expenses incurred in such review.
(s) Duration of approval. The approval authorizing a telecommunication tower shall run with the land and shall be binding on successors in interest.

Temporary greenhouse

A building intended for the propagation and retail sales of plants, whose roof and sides are made largely of glass or other transparent or translucent material and which the temperature and humidity can be regulated. A temporary greenhouse may only be erected and utilized on a temporary or seasonal basis

Districts Where Allowed Districts Allowed by Right: C1, C2, C3

Vehicle Parking:
Determined on a case-by-case basis

Development Requirements:
(a) Use of Structure. A structure may be used to store, display, or sell plants, provided the following conditions are met:

(1) Term of Use. The structure is used only from April 1 through November 30, and must be removed no later than December 3.
(2) Structure Height. The height of the structure shall not exceed 25 feet or the maximum height of the principle use, whichever is less.
(3) Structure Location. The structure may be located no closer than 15 feet from any lot line.

(b) Signage. Signage shall comply with all applicable standards set forth in Article 18.
(c) If the Plan Commission and/or Common Council determine that the anticipated or actual structure is detrimental to the public health, safety, or welfare, such bodies may, individually or jointly, revoke any application or previously issued permit.

Temporary residential shelter

A place where individuals and families live on a temporary basis and support services including counseling may be provided. Residents typically receive housing at little or no cost, unrelated residents may share sleeping rooms, meals may or may not be provided, and unrelated residents may or may not share bathroom facilities.

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, MUW, R6

Vehicle Parking:
1 space for each 500 square feet of gross floor area devoted to patron services; plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Requirements for operator. A temporary residential shelter shall be managed by an organization operating a program approved by the state of Wisconsin pursuant to ch. 51, Wis. Stats., and all relevant administrative rules including chs. DHS 72, DHS 75, and DHS 94, Wis. Admin. Code.
(b) Other approvals. A temporary residential shelter shall be approved by all applicable government entities having authority under law to license or authorize the operation.
(c) Number of residents. The number of residents at a temporary residential shelter shall not exceed 15 occupants at one time.

Tourist rooming house/short-term rental

The definitions of Title 7, Chapter 11 of the City's Code of Ordinances are adopted and incorporated herein, and that section shall regulate and govern the operation, use, construction, and licensing of tourist roomings house/short-term rentals.

Townhouse

A building containing 3 or more dwelling units that are separated by a party wall that extends from the ground to the roof and each of the units are located on a separate lot and have a separate entrance. (Sometimes referred to as single-family attached.)

Districts Where Allowed Districts Allowed as a Conditional Use: C1, C2, MUW, R2, R6, R7

Vehicle Parking:
2 spaces for each dwelling unit

Development Requirements:
(a) Lot area. No more than 70 percent of the lot area shall be occupied by a building.
(b) Utility service. Each dwelling unit shall have independent service connections to all utilities, including water, sewer, and electricity.
(c) Subsequent divisions. Individual townhouses shall not be further subdivided.
(d) Driveways. When more than one garage is located in the front of a townhouse, a common driveway shall be used whenever possible.
(e) Vertical off-sets. When a building includes 5 or more dwelling units, there shall be a vertical offset of at least 2 feet between each adjoining dwelling unit.
(f) Accessory buildings. The floor area of accessory buildings, excluding garages and carports, shall not exceed 120 cumulative square feet.
(g) Front entrances. The front entrance to each dwelling unit shall be clearly visible from the street on which it fronts and accentuated by a porch or other architectural feature.

Truck terminal

A place where goods carried by motor transport are received and temporarily stored until transferred to another truck for delivery.

Districts Where Allowed Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Development Requirements:
(a) Setback of outdoor storage area. Outdoor storage areas and other activity areas shall be located at least 100 feet from a property in a residential zoning district or a planned development district that allows residential uses.
(b) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use shall be addressed.
(c) Access. A truck terminal shall have legal and physical access to a road designated as a truck route.

Twin home

A building containing 2 dwelling units that are separated by a party wall that extends from the ground to the roof and each of the units are located on a separate lot and have a separate entrance. (Sometimes referred to as single-family attached.)

Districts Where Allowed Districts Allowed by Right: R1, R2, R6 Districts Allowed as a Conditional Use: C1, MUW, R7

Vehicle Parking:
2 spaces for each dwelling unit

Development Requirements:
(a) Number of principal buildings per parcel. No more than one dwelling unit shall occupy any single parcel of land.
(b) Fire separation. Each dwelling unit of a twin home shall be separated from the abutting unit by a fire wall meeting applicable building codes.
(c) General layout. The common wall between dwelling units in a twin home shall be approximately perpendicular to the front lot line.
(d) Utility service. Dwelling units in a twin home shall have separate utility meters for electric and natural gas if used. If municipal water and sewer are required under the municipal code, each of the dwelling units shall have separate service connections. If municipal water and sewer are not required under the municipal code, the dwelling units may be served by a single well and/or septic system if allowed by Bayfield County.
(e) Written agreement required. Dwelling units in a twin home shall be subject to a joint cross access and maintenance agreement as approved by the zoning administrator. Such agreement shall be recorded with each lot in the Bayfield County register of deeds office. The agreement shall also address the joint use of a well if the units are not served by a central water system and the use of a single on-site septic disposal system if the units are not served by separate septic systems.

Utility cabinet

A ground-mounted pedestal, junction box, cabinet, or similar feature that a service provider uses to provide telephone, electric, natural gas, cable television, cable Internet, or similar public service. A utility cabinet may be located within a public right-of-way or on private property.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, L1, M, MUW, R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Number limited. No more than 4 utility cabinets shall be located on a parcel of land. Five or more utility cabinets on a parcel of land shall be considered a minor utility installation. A utility cabinet is considered an accessory use in all situations and may be placed on private property and public property, such as a public right-of-way.
(b) Setbacks. A utility cabinet is exempt from yard setback standards as may be established for the zoning district in which this use is located.
(c) Placement on private property. Prior to establishing a utility cabinet on private property, the operator and property owner shall establish a proper lease or easement governing the use of the property for this purpose and submit the same to the zoning administrator for his or her approval.
(d) Placement on public property. Prior to establishing a utility cabinet on public property under the jurisdiction of the city, county, or state, the operator shall obtain all approvals as may be required by the governmental entity having jurisdiction.
(e) Placement in a stormwater easement. Prior to establishing a utility cabinet within a stormwater management easement under the jurisdiction of the city, county, or state, the operator shall obtain all approvals as may be required by the governmental entity having jurisdiction.

Utility installation, major

A place, building and/or structure, or portion thereof, whether public or private, used or is intended for providing basic infrastructure or utility services and which could potentially have a moderate to high impact on neighboring property. The term includes pipeline pumping stations, sewage treatment plants, electric substations, water towers, electric transmission lines with a design capacity of 110kV or more, and underground pipelines.

Utility installation, minor

A utility installation generally having low impact on neighboring property. The term includes public water system wells, without a tower; below ground sewer lift stations; and stormwater pumping stations. The term does not include utility cabinets, which are classified as an accessory use (Series 17).

Utility maintenance yard

A place where a public or private entity maintains administrative offices, equipment, and supplies necessary for maintaining the infrastructure it provides.

Districts Where Allowed Districts Allowed by Right: I1

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) Outdoor storage. Outdoor storage areas and other activity areas shall be located at least 100 feet from a property in a residential zoning district or a planned development district that allows residential uses and 20 feet from a property in a commercial zoning district.
(b) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed.

Vehicle fuel station

A place where fuels for cars, motorcycles, and light trucks are offered for retail sale. Ancillary uses are limited to the retail sale of food and beverages and light maintenance activities, such as engine tune-ups, lubrication, and minor repairs. The term does not include truck stops or similar uses.

Districts Where Allowed Districts Allowed by Right: C2 Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Development Requirements:
(a) Restroom facilities. If a vehicle fuel station provides restroom facilities, the door to each restroom shall be accessed from within the interior of the building in which they are located.
(b) Pump island canopies. A pump island canopy shall not exceed 22 feet in height.
(c) Special setbacks. The following setbacks shall apply to a vehicle fuel station:

A fuel pump shall be located at least 50 feet from a property in a residential zoning district or a planned development district that allows residential uses and at least 30 feet from a property in a nonresidential zoning district.
A pump island canopy shall comply with the following setbacks: 10 feet for a front yard, 20 feet for a side yard, and 20 feet for a rear yard.

(d) Surface. All vehicle use areas shall be concrete or a bituminous material capable of supporting a 4-ton axle load.

Vehicle repair shop

A place where motor vehicles, such as cars, motorcycles, and light trucks, are typically left overnight for maintenance, service, or repair. Typical services include transmission repair, body work and painting, vehicle upholstery, engine repair and overhauls, and similar activities.

Districts Where Allowed Districts Allowed by Right: I1 Districts Allowed as a Conditional Use: C2

Vehicle Parking:
1 space for each service bay; plus 1 for each employee on the largest work shift

Development Requirements:
(a) Work area. Motor vehicles shall not be serviced or repaired outside of the principal structure intended for such use, except when this use is located in an industrial zoning district.
(b) Vehicle storage. When a vehicle repair shop is located in a commercial zoning district, no more than 10 motor vehicles shall be stored out-of-doors overnight. When located in an industrial zoning district, there is no limitation on the number of motor vehicles that can be stored overnight. Storage of unlicensed vehicles is prohibited.

Vehicle sales and rental

A place where new and used cars, light trucks, motorcycles, mopeds, snowmobiles, and all-terrain vehicles (ATVs) are offered for rent, sale, lease, or exchange, or are taken on consignment. This use may include the repair of such vehicles as a subordinate use.

Districts Where Allowed Districts Allowed by Right: C2 Districts Allowed as a Conditional Use: C1, I1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Development Requirements:
(a) State license. Prior to the establishment of this use, the operator shall obtain a motor vehicle dealer license from the Wisconsin Department of Transportation and maintain such license for the life of the use or until the state no longer requires such license.
(b) Show room. An indoor vehicle display area shall be provided that is at least 12 feet by 20 feet. If only motorcycles are sold, the indoor vehicle display area shall be large enough to display at least 3 motorcycles.
(c) Setback for display area. Display areas and other activity areas shall be located at least 30 feet from a property in a residential zoning district or a planned development district that allows residential uses and 10 feet from a property in a commercial zoning district.
(d) Junk vehicles. Junk vehicles and inoperable vehicles shall not be displayed out-of-doors.

Vehicle service shop

A place where motor vehicles, such as cars, motorcycles, and light trucks, are serviced while the owner waits and typically are not left overnight. Examples include quick lube/oil change facilities, tire stores, car washes, and vehicle detailing.

Districts Where Allowed Districts Allowed by Right: C2, I1 Districts Allowed as a Conditional Use: C1

Vehicle Parking:
1 space for each service bay; plus 1 for each employee on the largest work shift

Development Requirements:
Motor vehicles shall not be serviced or repaired outside of the principal structure intended for such use, except when this use is located in an industrial zoning district.

Vehicle storage yard

A place where impounded motor vehicles are temporarily stored or where damaged motor vehicles are temporarily stored before taken to a repair shop or while waiting for an insurance adjustment to occur. The salvaging of motor vehicle parts or the repair of motor vehicles is prohibited.

Districts Where Allowed Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each employee on the largest work shift

Development Requirements:
(a) Buffer yard. The reviewing authority may, as part of the site plan review process, require fencing, landscaping, or both to provide adequate screening between a vehicle storage yard and adjoining properties.
(b) Setback requirements. Outdoor storage areas and other activity areas shall be located at least 40 feet from a property in a residential zoning district or a planned development district that allows residential uses and 20 feet from a property in a commercial or mixed-use zoning district.
(c) Fence. A 6-foot solid fence, subject to approval by the reviewing authority, shall be located around the perimeter of the area used to store the motor vehicles.
(d) Fence plan. As part of the site plan review application, the applicant shall submit a fence plan which specifies construction materials and specifications.

Veterinary clinic, general

A place where medical services for small and large animals are offered. This use may include office space, medical labs, appurtenant facilities, and indoor and outdoor enclosures for animals under the immediate medical care of a veterinarian.

Districts Where Allowed Districts Allowed by Right: C2 Districts Allowed as a Conditional Use: C1, I1, R1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Development Requirements:
(a) Minimum lot area. When a veterinary clinic keeps large animals onsite for treatment and the clinic is located in a residential zoning district, a minimum lot area of 5 acres is required.
(b) Placement of features. Any building used to house animals shall be at least 50 feet from a residential zoning district. Any outdoor area where animals may be kept shall be at least 100 feet from a residential zoning district or a planned development district that allows residential uses.

Veterinary clinic, small animal

A place where medical services for small household animals are offered. This use may include office space, medical labs, appurtenant facilities, and indoor enclosures for animals under the immediate medical care of a veterinarian. The term includes pet clinics, dog and cat hospitals, and animal hospitals.

Warehouse

A place where goods, merchandise, and other materials are temporarily stored for eventual shipment. The term includes moving and storage facilities. The term does not include bulk fuel storage.

Districts Where Allowed Districts Allowed as a Conditional Use: I1

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Development Requirements:
(a) Setback of outdoor storage area. Outdoor storage areas and other activity areas shall be located at least 100 feet from a property in a residential zoning district or a planned development district that allows residential uses.
(b) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed.
(c) Access. A warehouse shall have legal and physical access to a road designated as a truck route.

Wind test tower

A tower on which equipment is attached that measures parameters needed to assess the site’s suitability for a wind energy system.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, I1, L1, M, MUW, R1, R2, R6, R7

Vehicle Parking:
On-site parking not required

Development Requirements:
Pursuant to s. 66.0401(3), Wis. Stats., there are no standards or requirements for the establishment of a wind test tower or similar testing facility. If the Plan Commission and/or Common Council determines that the anticipated or actual testing is detrimental to the public health, safety, or welfare, such bodies may, individually or jointly, submit a written petition to the Public Service Commission requesting the imposition of reasonable restrictions on such use.

Worship facility

A place where people can regularly assemble for religious worship and associated activities and which is operated by an entity with tax-exempt status. The term includes sanctuaries, chapels, cathedrals, churches, synagogues, and temples and other onsite accessory buildings such as parsonages, friaries, convents, fellowship halls, and rectories. The term does not include day care centers, community recreation facilities, dormitories, private educational facilities, emergency shelters, and health care facilities.

Districts Where Allowed Districts Allowed by Right: C2 Districts Allowed as a Conditional Use: C1, C3, I1, R1, R2, R6

Vehicle Parking:
1 space for each 4 seats at maximum capacity, plus 1 space for each employee on the largest work shift

Development Requirements:
(a) Required green space. If a worship facility is located in a residential zoning district, at least 30 percent of the parcel shall remain undeveloped (i.e., landscaped).
(b) Access requirements. If a worship facility has 600 seats or more, the primary access shall be off of a road classified as a collector or a higher classification as depicted on the zoning map or a supplemental map.
(c) Limitations on events and functions. No event or function shall be conducted that creates a demand for parking spaces that is greater than the number provided on site, unless parking is allowed on the public road fronting on the site.

Yard sale

A temporary event where used household items are offered for sale.

Districts Where Allowed Districts Allowed by Right: C1, C2, C3, R1, R2, R6, R7 Districts Allowed as a Conditional Use: none

Vehicle Parking:
On-site parking not required

Development Requirements:
(a) Required principal use. A yard sale shall only occur with a principal residential use or with a governmental or institutional use, such as a worship facility, library, or school.
(b) Duration. A yard sale shall not be operated for more than 3 consecutive days, and no more than 2 consecutive weekends in a month of an additional yard sale.
(c) Signage. Signage for a yard sale shall comply with the requirements set forth in Article 18.

Yard shed

An accessory building designed to store yard furniture and tools, equipment, and supplies normally associated with lawn and garden care.

Zoning Code | Land Uses