The purpose of this article is to indicate which land uses may
locate in each zoning district and under what requirements; and which
land uses may not locate therein. Certain land uses may locate in
a given district as a matter of right upon compliance with special
regulations for such a land use. A further distinction is made for
land uses which may locate in a given district only upon obtaining
a conditional use or temporary use permit.
The allowable land uses for each zoning district are established in Article II of this chapter. Detailed descriptions and regulations for uses are found in §§ 10-55 through 10-66. Even if a land use may be indicated as permitted by right or requiring a conditional use in a particular district, such a land use may not necessarily be permitted or permissible on any or every property in such district. No land use is permitted or permissible on a property unless it can be located on it or implemented in full compliance with all of the applicable standards and regulations of this chapter or unless an appropriate variance has been granted pursuant to § 10-176. For land uses not specifically listed, the Zoning Administrator shall make an interpretation to determine if an amendment to this chapter is necessary.
(1)
Principal land uses permitted by right. Principal land uses listed as permitted by right (designated by the letter "P" in § 10-54) are permitted per the general land use requirements of this article; per the density, intensity, and bulk regulations of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay districts; per all other applicable requirements of this chapter; and per any and all other applicable City, county, state, and federal regulations.
(2)
Principal land uses permitted as conditional uses. Principal land uses allowed only with a conditional use permit (designated by the letter "C" in § 10-54) may be permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (1), above, plus any additional requirements applicable to that particular land use imposed as part of the conditional use permit process established in § 10-171. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. Except for uses approved under a general development plan and specific implementation plan in a planned development (See § 10-177.), all uses requiring a conditional use permit shall comply with the procedural requirements of § 10-171.
(3)
Accessory land uses. Accessory land uses are allowed subject to all the requirements and exceptions applicable to principal land uses permitted by right as listed in Subsection (1), above. Accessory land uses allowed only with a conditional use permit are subject to all the requirements and exceptions applicable to principal land uses requiring a conditional use permit as listed in Subsection (2), above. Accessory land uses shall also comply with the following listed regulations.
(a)
No accessory structure or use shall be constructed on any lot
prior to the establishment of an allowable principal use, unless otherwise
stated in this chapter.
(b)
Accessory land uses shall not be located between a principal
building and a street frontage on the same lot, nor within any required
front yard.
(c)
With the exception of an in-home suite or accessory dwelling
units, in no instance shall an accessory structure, cellar, basement,
tent, or recreational trailer be used as a residence.
(4)
Temporary land uses. Temporary land uses permitted by right (designated by the letter "P" in the Table of Land Uses in § 10-54) are permitted on a temporary basis subject to permitting requirements of § 10-172 of this chapter. Temporary land uses permitted only with a conditional use permit (designated by the letter "C" in the Table of Land Uses) may be permitted subject to temporary use and conditional use permitting requirements of §§ 10-172 and 10-171.
All uses of land initiated within the jurisdiction of this chapter
on or following the effective date of this chapter shall comply with
all of the provisions of this chapter.
(1)
Land use regulations and requirements. All uses of land shall comply
with all the regulations and requirements of this chapter. Such regulations
directly relate to the protection of the health, safety, and general
welfare of the residents of the City of Shawano.
(3)
Overlay zoning district requirements. All land use and/or development of land shall comply with all the regulations and requirements of any applicable overlay zoning district. (See Article VI.)
(4)
Exterior site and building design standards. All new, remodeled, and expanded residential and nonresidential development shall comply with all the applicable building and site design guidelines as required in § 10-101 of this chapter.
(5)
Performance standards. All development of land shall comply with all applicable requirements established in Article VII.
(6)
Landscape regulations. All development of land shall comply with all the regulations and requirements of Article VIII pertaining to the provision of landscaping and buffer yards. Such requirements address issues such as minimum required landscaping of developed land and minimum required provision of buffer yards between adjoining zoning districts which are directly related to the effective bulk of a structure.
(7)
Signage regulations. All land use and/or development of land shall comply with all requirements of Article IX, pertaining to the type and amount of signage permitted on property. Such requirements address issues such as the maximum area of permitted signage and the number and types of permitted signage.
(9)
Mixing residential and nonresidential uses in a building. With the
exception of mixed-use dwelling units, accessory dwelling units, home
occupations, and in-family suite land uses, no building containing
a nonresidential land use shall contain a residential land use.
(10)
Multi-tenant arrangements. Multiple permitted by right land uses are allowed in a multi-business building and only require a land use permit (§ 10-173) to confirm the proposed tenants are permitted by right. Examples include a multi-tenant office building; a strip mall; an antique mall; a downtown building mixing office, personal or professional services, and indoor sales and service land uses; co-working space; and other arrangements with multiple permitted uses in one or more occupied spaces. A land use which is regulated as a conditional use may only occupy multi-tenant arrangements as approved through the conditional use process (§ 10-171) or a successor conditional use.
(11)
Accessory uses. Accessory uses may be allowed where they comply with
the following conditions and requirements:
(a)
Separation from principal structures. Detached accessory buildings
shall be located a minimum of five feet from a residential dwelling
unit on the same lot, except where the structure will be constructed
to fire-rating standards of the Uniform Dwelling Code. The separation
distance between a dwelling unit and accessory structure is determined
by measuring the perpendicular distance from wall to wall of the structures.
Minor attachments may be located in the required separation area and
do not render the structures attached for setback purposes.
(b)
Accessory structure setbacks on corner lots. The average setback
of the four, or fewer, nearest buildings may be used to determine
the street side setback of an accessory building on a corner lot,
but in no case shall the reduced setback be less than 20 feet nor
more than 50 feet, except on a forty-four-foot-wide corner lot the
setback may be reduced to 17 feet.
(c)
Accessory structures attached to principal buildings. When an
accessory building is structurally attached to a main building, it
shall be subject to, and must conform to, all regulations of this
chapter applicable to main buildings.
(d)
Conversion of accessory structures to dwellings. The conversion
of any accessory structure into a dwelling so as to accommodate an
increased number of dwelling units or families, shall be permitted
only within a district in which a new building for similar occupancy
would be permitted under this chapter. The resulting occupancy will
comply with the requirements governing new construction in such district,
including minimum lot size, lot area per dwelling unit, building of
lot coverage, dimensions of yards and other open spaces, and off-street
parking.
(e)
Accessory structures without principal structure. No accessory
structure shall be erected or constructed prior to the erection or
construction of the principal structure, except for a mobile, freestanding
toolshed on an abutting lot to a residential lot under the same ownership
containing the principal buildings.
(12)
Group and large development requirements. A group or large development may include any of the land uses in this chapter. All uses and/or development of land within a group or large development shall comply with all requirements of § 10-118.
(14)
Nonconforming lots, uses, structures, and site requirements. Land uses not in conformance with the requirements of the applicable zoning district shall be subject to the special limitations and exceptions as established in Article II. Land uses located on substandard lots or on nonconforming lots or in nonconforming structures shall comply with all the regulations and requirements of Article V. Substandard lots are buildable, provided that the structures meet all other requirements of this chapter.
(15)
Site plan review required. All uses are subject to site plan review and approval in accordance with § 10-174 of this chapter, except for the following:
(a)
Single-family and two-family residential uses on individual
lots in any zoning district.
(b)
Residential developments with fewer than 12 units.
(c)
Nonresidential development under 20,000 square feet.
(d)
Agricultural land uses which are permitted by right in any agriculture
zoning district.
(e)
Uses within a specific implementation plan in a planned development in accordance with the procedures of § 10-177(3)(d), provided that the specific implementation plan provides a similar level of detail and range of plans as a typical site plan submittal required under this chapter.
(16)
Filling. Filling, apart from an approved site plan and building or
demolition permit, shall be in accordance with the following:
(a)
Filling of low areas on lots or sites in the City of Shawano
involving amounts of fill in excess of 100 cubic yards shall require
a development permit issued by the Zoning Administrator.
(b)
Applicants for approval to fill must submit plans indicating
the amount of fill proposed, type of fill, and the location of the
fill.
(c)
Upon inspection of the site, the Zoning Administrator may request
the City Engineer to review the proposed fill and submit a written
comment on the proposal.
(d)
If the City Engineer determines that the proposed fill would
cause flooding or drainage problems on adjoining properties, the Zoning
Administrator may reject, condition, or impose limitations on the
proposed filling.
(17)
Procedural regulations and requirements. All land use and/or development of land shall comply with all requirements of Article X, pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements.
The land use categories employed by this chapter are defined in §§ 10-55 through 10-66. Land use categories which are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 10-162 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this chapter.
[Amended 9-13-2023 by Ord. No. 2019]
The Table of Land Uses on the following pages is provided as
a convenience for the Zoning Administrator and the general public.
Where there are conflicts between the text of this chapter and the
Table of Land Uses, the text shall prevail.
|
Table of Land Uses
| ||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Rural Holding (RH-35)
|
Single Family Residential - 2 (SR-2)
|
Single Family Residential - 4 (SR-4)
|
Single Family Residential - 5 (SR-5)
|
Single Family and Two-Flat Residential
- 6 (SR-6)
|
Two Family Residential - 6 (TR-6)
|
Multi-Family Residential - 10 (MR-10)
|
Multi-Family Residential - 20 (MR-20)
|
Mobile Home - Residential - 8 (MH-8)
|
Neighborhood Mixed Use (NMU)
|
Community Mixed Use (CMU)
|
Urban Mixed Use (UMU)
|
Downtown Mixed Use (DMU)
|
Business Park (BP)
|
Light Industrial (LI)
|
General Industrial (GI)
|
Mineral Extraction (ME)
|
Public Lands (PL)
|
Land Uses Permitted:
Refer to the detailed definitions and requirements listed for
each land use on the following pages.
P: By Right
C: By Conditional Use Permit
|
|
Dwelling Unit Type
| ||||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(1) Single-family 35-acre lot
| |||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(1) Single-family 14,000-square-foot lot
| ||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(1) Single-family 9,000-square-foot lot
| |||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(1) Single-family 7,200-square-foot lot
| ||||||||||
|
P
|
(1) Single-family 6,000-square-foot lot
| |||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
(2) Two-flat 7,200-square-foot lot
| ||||||||||||
|
P
|
(2) Two-flat 6,000-square-foot lot
| |||||||||||||||||
|
P
|
P
|
P
|
C
|
(3) Twin house: two 4,500-square-foot lots
| ||||||||||||||
|
P
|
P
|
P
|
C
|
(4) Duplex 4,500-square-foot lot
| ||||||||||||||
|
P
|
P
|
P
|
C
|
C
|
C
|
(5) Townhouse 3 to 4 units
| ||||||||||||
|
C
|
P
|
C
|
C
|
C
|
C
|
(5) Townhouse 5 to 10 units
| ||||||||||||
|
P
|
P
|
P
|
C
|
C
|
C
|
(6) Multiplex 3 to 4 units
| ||||||||||||
|
C
|
P
|
C
|
C
|
C
|
C
|
(6) Multiplex 5 to 10 units
| ||||||||||||
|
P
|
P
|
P
|
C
|
C
|
C
|
(7) Apartment 3 to 4 units
| ||||||||||||
|
C
|
P
|
C
|
C
|
C
|
C
|
(7) Apartment 5 to 10 units
| ||||||||||||
|
C
|
C
|
C
|
C
|
(7) Apartment 11 to 20 units
| ||||||||||||||
|
P
|
(8) Mobile home 7,200-square-foot lot
| |||||||||||||||||
|
P
|
(9) Mobile home subdivision 7,200-square-foot lot
| |||||||||||||||||
|
C
|
(10) Mobile home park 4,000 square feet per dwelling unit
| |||||||||||||||||
|
P
|
P
|
P
|
P
|
(11) Mixed use dwelling unit
| ||||||||||||||
|
Agricultural Land Uses
| ||||||||||||||||||
|
P
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
P
|
P
|
P
|
C
|
P
|
(1) Cultivation
|
|
C
|
(2) Husbandry
| |||||||||||||||||
|
C
|
(3) On-site agricultural retail
| |||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(4) Selective cutting
| |
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(5) Clear cutting
| |
|
C
|
C
|
(6) Intensive agriculture
| ||||||||||||||||
|
C
|
C
|
C
|
(7) Agricultural service
| |||||||||||||||
|
P
|
C
|
C
|
C
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(8) Community garden
|
|
C
|
C
|
C
|
C
|
C
|
P
|
(9) Market garden
| ||||||||||||
|
Institutional Land Uses
| ||||||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(1) Indoor institutional
| |
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(2) Outdoor open space institutional
| |
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(3) Passive outdoor recreation
| |
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
C
|
C
|
P
|
(4) Active outdoor recreation
| |
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(5) Essential services
| |
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(6) Small-scale public services and utilities
| |
|
C
|
C
|
C
|
(7) Large-scale public services and utilities
| |||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
(8) Community living arrangement 1 to 8 residents
| |||||
|
C
|
P
|
P
|
C
|
C
|
C
|
C
|
(9) Community living arrangement 9 to 15 residents
| |||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
(10) Community living arrangement 16 or more residents.
| ||||||||||||
|
C
|
C
|
C
|
C
|
C
|
(11) Institutional residential
| |||||||||||||
|
Commercial Land Uses
| ||||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(1) Office
| |||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(2) Personal or professional service
| |||||||||||
|
P
|
P
|
P
|
P
|
C
|
C
|
(3) Indoor sales or service
| ||||||||||||
|
C
|
C
|
C
|
C
|
C
|
(4) Outdoor display
| |||||||||||||
|
C
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(5) Artisan production shop
| ||||||||||
|
C
|
C
|
C
|
C
|
C
|
(6) Physical activity studio
| |||||||||||||
|
C
|
C
|
C
|
C
|
(7) Indoor commercial entertainment
| ||||||||||||||
|
C
|
C
|
C
|
C
|
(8) Outdoor commercial entertainment
| ||||||||||||||
|
C
|
C
|
C
|
C
|
(9) In-vehicle sales or service
| ||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
(10) Group day-care center
| |||||||||||||
|
C
|
C
|
(11) Commercial animal boarding/day care
| ||||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(12) Bed-and-breakfast
| ||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(13) Vacation rental home [additional requirements see § 10-58(13)]
| ||||||
|
C
|
C
|
C
|
C
|
(14) Commercial indoor lodging
| ||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
(15) Boardinghouse
| ||||||||||||
|
C
|
(16) Campground
| |||||||||||||||||
|
P
|
P
|
P
|
C
|
P
|
P
|
P
|
(17) Indoor maintenance service
| |||||||||||
|
C
|
C
|
(18) Outdoor maintenance service
| ||||||||||||||||
|
C
|
C
|
(19) Vehicle sales
| ||||||||||||||||
|
C
|
C
|
C
|
(20) Vehicle service
| |||||||||||||||
|
C
|
C
|
C
|
(21) Vehicle repair
| |||||||||||||||
|
C
|
C
|
C
|
C
|
(22) Lake-related recreation
| ||||||||||||||
|
C
|
C
|
C
|
C
|
(23) Intensive outdoor activity
| ||||||||||||||
|
C
|
(24) Sexually oriented land use
| |||||||||||||||||
|
Industrial Land Uses
| ||||||||||||||||||
|
P
|
P
|
P
|
P
|
(1) Light industrial
| ||||||||||||||
|
C
|
C
|
(2) Heavy industrial
| ||||||||||||||||
|
C
|
C
|
C
|
(3) Production greenhouse
| |||||||||||||||
|
C
|
C
|
C
|
(4) Indoor food production
| |||||||||||||||
|
Storage Uses
| ||||||||||||||||||
|
C
|
P
|
P
|
P
|
P
|
(1) Indoor storage and wholesaling
| |||||||||||||
|
C
|
C
|
(2) Outdoor storage and wholesaling
| ||||||||||||||||
|
C
|
C
|
(3) Personal storage facility
| ||||||||||||||||
|
Transportation Land Uses
| ||||||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
(1) Transit center
| ||||||||||||
|
C
|
C
|
C
|
(2) Distribution center
| |||||||||||||||
|
C
|
C
|
(3) Freight terminal
| ||||||||||||||||
|
C
|
(4) Airport
| |||||||||||||||||
|
C
|
(5) Heliport
| |||||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(6) Off-site parking
| |||||||||||
|
Telecommunication Land Uses
| ||||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(1) Satellite dish
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(2) Personal antenna and towers
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(3) Communication antenna
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(4) Communication tower
| |||||||||||
|
Extraction and Disposal Land Uses
| ||||||||||||||||||
|
C
|
(1) Extraction
| |||||||||||||||||
|
C
|
C
|
(2) Composting
| ||||||||||||||||
|
C
|
(3) Recycling and waste disposal
| |||||||||||||||||
|
C
|
(4) Salvage or junkyard
| |||||||||||||||||
|
C
|
C
|
(5) Sand and mineral processing
| ||||||||||||||||
|
Energy Production Land Uses
| ||||||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(1) Large wind-energy system
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(2) Large solar-energy system
|
|
Accessory Land Uses
| ||||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(1) Home occupation
| |||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(2) In-home day care 4 to 8 children
| ||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(3) In-family suite
| ||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
(4) Accessory dwelling unit
| ||||||||||||
|
P
|
(5) Farm residence
| |||||||||||||||||
|
C
|
(6) Migrant employee housing
| |||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(7) Residential accessory structure
| ||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(8) Nonresidential accessory structure
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(9) Recreational facility
| |
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(10) Landscape feature
| |
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(11) Residential kennel
| ||||||
|
P
|
(12) Residential stable
| |||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(13) On-site parking
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(14) Company cafeteria
| ||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(15) Incidental outdoor display
| ||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(16) Incidental indoor sales
| ||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(17) Incidental light industrial
| ||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(18) Small wind-energy system
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(19) Small solar-energy system
|
|
Temporary Land Uses
| ||||||||||||||||||
|
P
|
(1) Temporary farm product sales
| |||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
(2) Temporary outdoor sales
| |||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(3) Temporary outdoor assembly
| |||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(4) Temporary shelter structure
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(5) Temporary storage container
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(6) Temporary on-site construction storage
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(7) Temporary contractor's project office
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(8) Temporary on-site real estate sales office
| ||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(9) Temporary relocatable building
| |||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(10) Temporary vehicle sales
|
|
P
|
P
|
P
|
P
|
P
|
P
|
(11) Garage or estate sale
| ||||||||||||
|
C
|
C
|
C
|
C
|
C
|
(12) Farmer's market
| |||||||||||||
(1)
Single-family.
(a)
A dwelling designed for and occupied by not more than one family
and having no roof, wall, or floor in common with any other dwelling
unit. This dwelling unit type consists of a fully detached single-family
residence which is located on an individual lot.
(b)
Regulations:
1.
The dwelling unit must be a site-built structure built in compliance
with the State of Wisconsin Uniform Dwelling Code (UDC), or may be
a manufactured dwelling (modular home) as permitted by the UDC or
a manufactured home that has received a Federal Manufactured Housing
Certificate label.
2.
The dwelling must be attached to a finished, permanent foundation,
such as a poured concrete slab or basement meeting UDC requirements.
3.
Minimum required parking: two spaces.
4.
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for single-family land uses. Specific requirements for single-family uses can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
|
Key to Figure
| |
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Street setback (lot line to principal building or attached garage)
|
|
C
|
Corner lot (street side) setback (lot line to principal building
or attached garage)
|
|
D
|
Side setback (lot line to principal building or attached garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
H
|
Minimum principal building separation (multi-structure developments
on shared lots)
|
| |
(2)
Two-flat.
(a)
This dwelling unit type consists of a single structure with
two separate residences each having a private individual access, and
no shared internal access. Two-flats are attached units within a two-story
structure with one unit above the other.
(b)
Regulations:
1.
Individual sanitary sewer and public water laterals and utility
meters are required for each dwelling unit.
2.
Evidence that covenants specifying respective obligations with
regard to any common structures, such as the shared wall, roof, and
other inseparable improvements, are required.
3.
This dwelling unit type may not be split into additional residences.
4.
Minimum required parking: two spaces per dwelling unit.
5.
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for two flat land uses. Specific requirements for two flats can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
|
Key to Figure
| |
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Street setback (lot line to principal building or attached garage)
|
|
C
|
Corner lot (street side) setback (lot line to principal building
or attached garage)
|
|
D
|
Side setback (lot line to principal building or attached garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
H
|
Minimum principal building separation (multi-structure developments
on shared lots)
|
| |
(3)
Twin house.
(a)
This dwelling unit type consists of two separate residences,
each having a private individual access and no shared internal access.
Similar to duplexes, twin houses are attached side-by-side units,
each with a ground floor and roof. Unlike duplexes, twin houses are
located on separate lots.
(b)
Regulations:
1.
A Uniform-Dwelling-Code-required fire-rated wall must separate
the two dwelling units from the lowest level to flush against the
underside of the roof.
2.
Individual sanitary sewer and public water laterals and utility
meters are required for each dwelling unit.
3.
Evidence that covenants specifying respective obligations with
regard to any common structures, such as the shared wall, roof, and
other inseparable improvements, are required.
4.
This dwelling unit type may not be split into additional residences.
5.
Minimum required parking: two spaces per dwelling unit.
6.
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for twin house land uses. Specific requirements for twin houses can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
|
Key to Figure
| |
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Street setback (lot line to principal building or attached garage)
|
|
C
|
Corner lot (street side) setback (lot line to principal building
or attached garage)
|
|
D
|
Side setback (lot line to principal building or attached garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
H
|
Minimum principal building separation (multi-structure developments
on shared lots)
|
| |
(4)
Duplex.
(a)
This dwelling unit type consists of two separate residences,
each having a private individual access, and no shared internal access.
Duplexes are attached side-by-side units located on one lot, each
with a ground floor and roof.
(b)
Regulations:
1.
A building-code-required fire-rated wall must separate the two
dwelling units from the lowest level to flush against the underside
of the roof.
2.
Individual sanitary sewer and public water laterals and utility
meters are required for each dwelling unit.
3.
Evidence that covenants specifying respective obligations with
regard to any common structures, such as the shared wall, roof, and
other inseparable improvements, are required.
4.
This dwelling unit type may not be split into additional residences.
5.
Minimum required parking: two spaces per dwelling unit.
6.
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for duplex land uses. Specific requirements for duplexes can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
|
Key to Figure
| |
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Street setback (lot line to principal building or attached garage)
|
|
C
|
Corner lot (street side) setback (lot line to principal building
or attached garage)
|
|
D
|
Side setback (lot line to principal building or attached garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
H
|
Minimum principal building separation (multi-structure developments
on shared lots)
|
| |
(5)
Townhouse.
(a)
A townhouse consists of attached, two-story residences, each
having a private, individual access. This dwelling unit type may be
located on its own lot or within a group development. Each dwelling
unit shares at least one common wall with an adjacent dwelling unit.
(b)
Regulations:
1.
A building-code-required fire- rated wall must separate the
two dwelling units from the lowest level to flush against the underside
of the roof.
2.
No more than eight and no fewer than three townhouse dwelling
units may be attached per building.
3.
All townhouse units within a development shall be located a
minimum of 30 feet from the boundary of the development.
4.
Evidence that covenants specifying respective obligations with
regard to any common structures, such as the shared wall, roof, and
other inseparable improvements, are required.
5.
This dwelling unit type may not be split into additional residences.
6.
Minimum required parking: two spaces per dwelling unit.
7.
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for townhouse land uses. Specific requirements for townhouses can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
|
Key to Figure
| |
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Street setback (lot line to principal building or attached garage)
|
|
C
|
Corner lot (street side) setback (lot line to principal building
or attached garage)
|
|
D
|
Side setback (lot line to principal building or attached garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
| |
(6)
Multiplex.
(a)
This dwelling unit type consists of three or more individual
attached dwelling units which have private, individual exterior entrances.
(b)
Regulations:
1.
A building-code-required fire-rated wall separating living areas
from the lowest level through the roof is required between each dwelling
unit.
2.
Evidence that covenants specifying respective obligations with
regard to any common structures, such as the shared wall, roof, and
other inseparable improvements, are required.
3.
This dwelling unit type may not be split into additional residences.
4.
Minimum required parking: one space per dwelling unit.
5.
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for multiplex land uses. Specific requirements for multiplexes can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
|
Key to Figure
| |
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Street setback (lot line to principal building or attached garage)
|
|
C
|
Corner lot (street side) setback (lot line to principal building
or attached garage)
|
|
D
|
Side setback (lot line to principal building or attached garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
| |
(7)
Apartment.
(a)
This dwelling unit type consists of a single structure with
three or more individual attached dwelling units which take access
from a shared entrance or hallway.
(b)
Regulations:
1.
A building-code-required fire-rated wall separating living areas
from the lowest level to the underside of the roof is required between
each dwelling unit.
2.
Evidence that covenants specifying respective obligations with
regard to any common structures, such as the shared wall, roof, and
other inseparable improvements, are required.
3.
As part of the conditional use requirement for group developments,
any development comprised of one or more apartment buildings which
contain five or more dwelling units shall provide additional site
design features, such as underground parking, architectural elements,
landscaping, and/or on-site recreational facilities.
4.
This dwelling unit type may not be split into additional residences.
5.
Minimum required parking: one space per dwelling unit.
6.
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for apartment land uses. Specific requirements for apartments can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
|
Key to Figure
| |
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Street setback (lot line to principal building or attached garage)
|
|
C
|
Corner lot (street side) setback (lot line to principal building
or attached garage)
|
|
D
|
Side setback (lot line to principal building or attached garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
| |
(8)
Mobile home.
(a)
A dwelling unit type consisting of a fully detached, single-family
residence, which has not received a federal manufactured housing certificate.
(b)
Regulations:
1.
No mobile home may be split into two or more residences.
2.
Within 30 days of occupancy, the owner shall remove the axle
and install skirting.
3.
Minimum required parking: two spaces per mobile home.
4.
This following figure is intended to provide a graphic depiction of the setback and dimensional requirements for mobile home land uses. Specific requirements for mobile homes can be found in Article II under the density, intensity, and bulk requirements for each residential zoning district.
|
Key to Figure
| |
|
A
|
Minimum lot width (at building minimum setback line)
|
|
B
|
Street setback (lot line to principal building or attached garage)
|
|
C
|
Corner lot (street side) setback (lot line to principal building
or attached garage)
|
|
D
|
Side setback (lot line to principal building or attached garage)
|
|
E
|
Rear setback (lot line to principal building or attached garage)
|
|
F
|
Accessory building side and rear setback (lot line to accessory
building)
|
|
G
|
Minimum pavement setbacks (lot line to pavement excluding driveways
entrances, etc.)
|
|
H
|
Minimum principal building separation (multi-structure developments
on shared lots)
|
| |
(9)
Mobile home subdivision.
(a)
This land use is a form of residential development which is
exclusively reserved for individually sold lots containing mobile
homes. Each lot and mobile home must meet the requirements listed
under Subsection (8), above.
(10)
Mobile home park.
(a)
This land use is a form of residential development which is
exclusively reserved for individually sold or rented air right pads
containing mobile homes. Each mobile home must meet the requirements
listed under Subsection (8), above.
(1)
Cultivation.
(a)
Operations primarily oriented to the on-site, outdoor raising
of plants for commercial purposes. Cultivation includes the raising
of trees as a crop to be replaced with more trees after harvesting,
such as in nursery or Christmas tree operations. The raising of plants
for consumption by farm animals is considered cultivation if said
plants are consumed by animals which are located off-site.
(2)
Husbandry.
(a)
All operations primarily oriented to the on-site raising and/or
use of animals. This includes horses, cattle, sheep, goats, llamas
(and related species), deer, antelope, swine, fowl (including turkeys,
chickens, ducks, geese, peacocks, guinea hens, game birds), aquatic
species (including fish, shellfish, crustaceans, echinoderms, plants,
and algae), and any animals typically hunted or trapped. This excludes
animals typically kept as pets and commonly available at commercial
pet stores (e.g., domestic dogs and cats, fish, small rodents, reptiles,
amphibians, tropical/exotic birds). Apiaries are also considered husbandry
land use.
(b)
Regulations:
(3)
On-site agricultural retail.
(a)
The sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off-site shall not be permitted within on-site agricultural retail operations; such activity constitutes indoor sales or service. [See § 10-58(3).] Packaging and equipment used to store, display, package, or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off-site.
(b)
Regulations:
1.
No structure or group of structures shall exceed 500 square
feet in gross floor area.
2.
No structure shall exceed 12 feet in height.
3.
All structures shall meet all required setbacks for nonresidential
land uses.
4.
Signage shall be limited to one on-site sign which shall not
exceed 30 square feet in area.
5.
Such land use shall be served by no more than one driveway.
6.
On-site agricultural retail uses, once discontinued for a period
of 12 months, shall not be reestablished except with the granting
of a conditional use permit, and shall only be permitted in the RH-35
District.
(4)
Selective cutting: The one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting shall be limited to areas designated for such on recorded plats or certified survey maps. The destruction of trees beyond those designated by this section shall be considered clear cutting. [See Subsection (5), below.]
(5)
Clear cutting.
(a)
The one-time, continuing, or cumulative clearing, cutting, harvesting,
or other destruction (including by fire) of trees in an area (or combined
areas) of more than 30% of the woodlands on a property (or up to 100%
for developments approved prior to the effective date of this chapter).
(b)
Regulations:
1.
Clear cutting is permitted only as a conditional use. Any owner
of property who intentionally clear cuts any area of his or her property
or who intentionally solicits or causes another to intentionally clear
cut any area of his or her property without first having secured a
conditional use permit for such activity shall be subject to a forfeiture
for such wrongful conduct and shall be required to implement the mitigation
standards required for the destruction of woodlands solely at his/her
expense, including costs associated with site inspection to confirm
the satisfaction of mitigation requirements. Areas having been clear
cut unintentionally as a result of fire shall not subject the owner
of the property to forfeiture for such nonapproved clear cutting activity,
but shall require the satisfaction of mitigation requirements at the
owner's expense, including cost associated with site inspection to
confirm the satisfaction of mitigation requirements.
2.
The applicant shall demonstrate that clear cutting will improve
the level of environmental protection on the subject property.
(6)
Intensive agriculture.
(a)
All operations primarily oriented to the on-site raising and/or
use of animals at an intensity equal to or exceeding one animal unit
per acre and/or agricultural activities requiring structures, equipment
and/or infrastructure specific to one operation rather than to farming
in general. Examples of such land uses include feed lots, hog farms,
poultry operations, aquaculture, and certain other operations meeting
this criterion.
(b)
Regulations:
1.
Intensive agricultural uses shall not be located in or adjacent
to an existing or platted residential subdivision.
2.
All buildings, structures, outdoor storage areas, and outdoor
animal containments (pastures, pens, and similar areas) shall be located
a minimum of 300 feet from all residentially zoned property and 100
feet from all other lot lines.
3.
Intensive agricultural uses shall be located in an area which
is planned to remain commercially viable for agricultural land uses.
4.
Intensive agricultural uses shall be completely surrounded by
a buffer yard with a minimum opacity of 1.0.
(7)
Agricultural service.
(a)
Operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used or produced by agricultural operations. Examples of such land uses include, but are not limited to, agricultural implement sales, storage, or repair operations; feed and seed stores; grain storage and processing; agricultural chemical dealers and/or storage facilities; animal feed processing and storage facilities; commercial dairies; food-processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities [except commercial composting uses; see § 10-63(2)].
(b)
Regulations:
1.
Agricultural service uses shall not be located in, or adjacent
to, an existing or platted residential subdivision.
2.
All outdoor storage areas, and outdoor animal containments (pastures,
pens and similar areas) shall be located a minimum of 100 feet from
all lot lines, except where adjacent to railroad tracks or railroad
spurs.
3.
If within the RH-35 District, agricultural service uses shall
be located in an area which is planned to remain commercially viable
for agricultural land uses.
(8)
Community garden.
(a)
Community garden areas for cultivation and related activities
divided into one or more plots to be cultivated by more than one operator
or member. These areas may be on public or private lands.
(b)
Regulations:
1.
All garden areas and structures shall be located a minimum of
five feet from the lot line.
2.
A site plan shall be submitted to the Zoning Administrator for
approval. Said site plan shall list the property owner, established
sponsoring organization and garden manager, and demonstrate consideration
for and indicate locations of structures, materials storage, equipment
storage, access for deliveries and pickups, water availability, shaded
rest area, and availability of public parking.
3.
The following structures are permitted in community gardens:
toolsheds, shade pavilions, barns, restroom facilities with composting
toilets, and planting preparation houses, benches, bike racks, raised/accessible
planting beds, compost bins, picnic tables, seasonal farmstands, fences,
garden art, rain barrel systems, and children's play areas.
4.
Signs shall be limited to identification, information, and directional
signs, including sponsorship information where the sponsorship information
is clearly secondary to other permitted information on any particular
sign and shall not exceed a total aggregate area of 48 square feet.
6.
The applicant shall demonstrate adequate off-street parking
availability.
(9)
Market garden: an area for cultivation and related activities divided
into one or more plots to be cultivated by more than one operator
or member. These areas may be on public or private lands, with on-site
sales of crops grown on-site permitted. Market gardens shall adhere
to the following listed regulations.
(a)
All activity areas and structures shall be located a minimum
of five feet from the lot line.
(b)
A site plan shall be submitted to the Zoning Administrator for
approval. Said site plan shall list the property owner, established
sponsoring organization, and garden manager, and demonstrate consideration
for and indicate locations of structures, materials storage, equipment
storage, access for deliveries and pickups, water availability, shaded
rest area, and availability of public parking.
(c)
The following structures are permitted within market gardens:
toolsheds, shade pavilions, barns, restroom facilities with composting
toilets, and planting preparation houses, benches, bike racks, raised/accessible
planting beds, compost bins, picnic tables, seasonal farmstands, fences,
garden art, rain barrel systems, and children's play areas.
(d)
Seasonal farmstands shall be removed from the premises or stored
inside a building on the premises during that time of the year when
the garden is not open for public use.
(e)
Signs shall be limited to identification, information and directional
signs, including sponsorship information where the sponsorship information
is clearly secondary to other permitted information on any particular
sign and shall not exceed a total aggregate area of 48 square feet.
(g)
The applicant shall demonstrate adequate off-street parking
availability.
(1)
Indoor institutional.
(a)
Indoor public and not-for-profit recreational facilities (such
as gyms, swimming pools, libraries, museums, and community centers),
schools, churches, hospitals and walk-in clinics, nonprofit clubs,
nonprofit fraternal organizations, convention centers, private institutional
businesses, jails, prisons, and similar land uses.
(b)
Regulations:
1.
An off-street passenger loading area shall be provided if the
majority of the users will be children (as in the case of a school,
church, library, or similar land use).
2.
All structures shall be located a minimum of 50 feet from any
residentially zoned property.
3.
Minimum required parking: generally, one space per three expected
patrons at maximum capacity; however, the following specific requirements
may apply:
a.
Church: one space per five seats at the maximum capacity.
b.
Community or recreation center: one space per 300 square feet
of gross floor area, or one space per four patrons to the maximum
capacity, whichever is greater, plus one space per employee on the
largest work shift.
c.
Funeral home: one space per three patron seats at the maximum
capacity, plus one space per employee on the largest work shift.
d.
Library or museum: one space per 300 square feet of gross floor
area or one space per four seats to the maximum capacity, whichever
is greater, plus one space per employee on the largest work shift.
e.
Elementary and junior high: one space per two employees.
f.
Senior high: one space per two employees, plus 30% of maximum
capacity.
g.
College or trade school: one space per staff member on the largest
work shift, plus one space per two students of the largest class attendance
period.
(2)
Outdoor open space institutional.
(a)
Cemeteries, privately held protected green space areas, open
grassed areas not associated with any particular active recreational
land use, and similar land uses.
(b)
Regulations:
1.
All structures shall be located a minimum of 50 feet from any
residentially zoned property.
3.
Minimum required parking: No parking is required; however, for
uses accessory to cemeteries (e.g., mausoleums), parking may be required
per the recommendation of the Plan Commission or Zoning Administrator.
(3)
Passive outdoor recreation.
(a)
Recreational land uses located on public property which involve
passive recreational activities, such as arboretums, natural areas,
wildlife areas, hiking trails, bike trails, cross country ski trails,
horse trails, picnic areas, picnic shelters, botanical gardens, fishing
areas, and similar land uses.
(4)
Active outdoor recreation.
(a)
Recreational land uses located on public or private property
(including school district property) which involves active recreational
activities. Such land uses include tennis courts, basketball courts,
ball diamonds, football fields, soccer fields, neighborhood parks,
tot lots, outdoor swimming pools, swimming beach areas, fitness courses,
public golf courses, miniature golf courses, and similar land uses.
[Amended 8-14-2019 by Ord. No. 1973]
(b)
Regulations:
1.
Facilities using recreational facility night lighting and adjoining
a residentially zoned property shall install and continually maintain
a buffer yard with a minimum opacity of 0.60. Said buffer yard shall
be located at the property line adjacent to said residentially zoned
property.
2.
All structures and active recreational areas shall be located
a minimum of 50 feet from any residentially zoned property.
3.
Facilities which serve a regional or community-wide function
shall provide an off-street passenger loading area if the majority
of the users will be children.
4.
Minimum required parking: generally, one space per four expected
patrons at maximum capacity for any use requiring over five spaces,
however, the following specific requirements may apply:
(5)
Essential services: The erection, construction, alteration, or maintenance
by public utilities or municipal or other governmental agencies of
underground and overhead lines and pipes for gas, electric, telephone,
communications, cable television, steam, public water supply, sanitary
sewage collection, stormwater conveyance, or other comparable utilities.
Essential services include such above-surface facilities as poles,
guide wires, fire alarm boxes, water hydrants, utility posts, police
call boxes, and standpipes. Essential services do not include larger
utility facilities included under public services and utilities, such
as electric substations, wastewater treatment plants, well houses,
and water towers. Essential services are exempt from density, intensity,
and bulk regulations.
(6)
Small-scale public services and utilities.
(a)
Small-scale City, county, state, and federally owned facilities,
such as pump houses, water towers, public and/or private utility substations,
utility and public service related distribution facilities, and similar
land uses. This does not include uses listed under essential services
or large-scale public services and utilities.
(b)
Regulations:
1.
All structures shall be located a minimum of 20 feet from any
residentially zoned property.
2.
Outdoor storage areas shall be located a minimum of 50 feet
from any residentially zoned property.
3.
The exterior of all buildings shall be compatible with the exteriors
of surrounding buildings.
4.
All outdoor storage areas adjoining a residentially zoned property
shall install and continually maintain a buffer yard with a minimum
opacity of 0.60. Said buffer yard shall be located at the property
line adjacent to said residentially zoned property.
5.
Minimum required parking: one space per employee on the largest
work shift, plus one space per company vehicle normally stored or
parked on the premises.
(7)
Large-scale public services and utilities.
(a)
Large-scale City, county, state, and federally owned facilities,
such as public works facilities and garages, wastewater treatment
plants, potable water treatment plants, public and/or private utility
substations, utility and public service related distribution facilities,
and similar land uses. This does not include uses listed under essential
services or small-scale public services and utilities.
(b)
Regulations:
1.
All structures shall be located a minimum of 20 feet from any
residentially zoned property.
2.
Outdoor storage areas shall be located a minimum of 50 feet
from any residentially zoned property.
3.
The exterior of all buildings shall be compatible with the exteriors
of surrounding buildings.
4.
All outdoor storage areas adjoining a residentially zoned property
shall install and continually maintain a buffer yard with a minimum
opacity of 0.60. Said buffer yard shall be located at the property
line adjacent to said residentially zoned property.
5.
Minimum required parking: one space per employee on the largest
work shift, plus one space per company vehicle normally stored or
parked on the premises.
(8)
Community living arrangement (one to eight residents).
(a)
Facilities provided for in § 46.03(22), Wis. Stats.,
including child welfare agencies, group homes for children, foster
homes, treatment foster homes, adult family homes, and community-based
residential facilities. Community living arrangements do not include
group day-care centers, nursing homes, hospitals, prisons, or jails.
Community living arrangement facilities are regulated depending upon
their capacity as provided for in § 62.23(7)(i), Wis. Stats.,
provided that any such regulations do not violate federal or state
housing or antidiscrimination laws.
(b)
Regulations:
1.
No community living arrangement shall be established within
2,000 feet of any other such facility regardless of its capacity.
2.
The applicant shall demonstrate that the total capacity of all
community living arrangements (of all capacities) in the City shall
not exceed 1% of the City's population.
3.
Foster homes housing four or fewer children and licensed under
§ 48.62, Wis. Stats., shall not be subject to Subsection
(8)(b)1, above; and shall not be subject to, or count toward, the
total arrived at in Subsection (8)(b)2, above.
4.
Each facility shall have a rear and side yard which is visually
screened from adjacent residential properties unless such facility
is contained in a single-family dwelling.
5.
Minimum required parking. Off-street parking shall be provided
for all employees.
(9)
Community living arrangement (nine to 15 residents).
(a)
See description under Subsection (8), above.
(b)
Regulations:
1.
No community living arrangement shall be established within
2,000 feet of any other such facility regardless of its capacity.
2.
The applicant shall demonstrate that the total capacity of all
community living arrangements (of all capacities) in the City shall
not exceed 1% of the City's population.
3.
Foster homes housing four or fewer children and licensed under
§ 48.62, Wis. Stats., shall not be subject to Subsection
(9)(b)1, above; and shall not be subject to, or count toward, the
total arrived at in Subsection (9)(b)2, above.
4.
Each facility shall have a rear and side yard which is visually
screened from adjacent residential properties unless such facility
is contained in a single-family dwelling.
5.
Minimum required parking. Off-street parking shall be provided
for all employees.
(10)
Community living arrangement (16 or more residents)
(a)
See description under Subsection (8), above.
(b)
Regulations:
1.
No community living arrangement shall be established within
2,000 feet of any other such facility regardless of its capacity.
2.
The applicant shall demonstrate that the total capacity of all
community living arrangements (of all capacities) in the City shall
not exceed 1% of the City's population.
3.
Foster homes housing four or fewer children and licensed under
§ 48.62, Wis. Stats., shall not be subject to Subsection
(10)(b)1, above; and shall not be subject to, or count toward, the
total arrived at in Subsection (10)(b)2, above.
4.
The minimum lot size for each district shall apply, except that
the minimum lot area in square feet shall be increased 1,000 square
feet for each additional two residents over 15.
5.
Each facility shall have a rear and side yard which is visually
screened from adjacent residential properties unless such facility
is contained in a single-family dwelling.
6.
Minimum required parking. Off-street parking shall be provided
for all employees.
(11)
Institutional residential.
(a)
Residential development designed to accommodate institutional
residential land uses, such as senior housing, retirement homes, assisted
living facilities, nursing homes, hospices, group homes, convents,
monasteries, dormitories, nursing homes, convalescent homes, limited-care
facilities, rehabilitation centers, and similar land uses not considered
to be community living arrangements (See separate listings.) under
the provisions of § 62.23, Wis. Stats.
(b)
Regulations:
1.
Project shall provide an off-street passenger loading area at
a minimum of one location within the development.
2.
Minimum required parking: The following specific parking requirements
may apply.
a.
Senior housing or retirement housing: 1/2 space per dwelling
unit.
b.
Assisted living facility or limited-care facility: one space
per two dwelling units.
c.
Monastery, convent, or dormitory: one space per six residents,
plus one space per employee on the largest work shift, plus one space
per five chapel seats if the public may attend.
d.
Nursing home or hospice: one space per four patient beds, plus
one space per two employees on the largest work shift, plus one space
per doctor.
(2)
Personal or professional service.
(a)
Indoor service land uses where the primary function is the provision
of services directly to an individual on a walk-in or on-appointment
basis. Examples of such uses include establishments where customers
make an appointment, such as professional services, insurance or financial
services, realty offices, small-scale by-appointment medical offices
and clinics, veterinary clinics, barbershops, beauty shops, and related
land uses, including ancillary on-site production of items used in
the provision of such services.
(3)
Indoor sales or service.
(a)
The sale and/or display of merchandise or equipment or nonpersonal
or nonprofessional services entirely within an enclosed building;
includes general merchandise stores, grocery stores, butcher, sporting
goods stores, antique stores, gift shops, laundromats, bakeries, and
a number of other uses meeting this definition.
(4)
Outdoor display.
(a)
Land uses where sales and display merchandise or equipment is conducted outside of an enclosed building. Examples include, but are not limited to, outdoor garden centers, outdoor recreation equipment sales, monument sales, and manufactured and mobile housing sales. If a land use displays for sale or rent only a limited amount of product outside of an enclosed building, such use may instead be considered incidental to indoor sales or service under § 10-58(3).
(b)
Regulations:
1.
The outdoor display area shall be calculated as the area which
would be enclosed by a required physical separation installed and
continually maintained in the most efficient manner which completely
encloses all materials displayed outdoors.
2.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 0.60 along all borders of the display area abutting residentially
zoned property.
3.
The display of items shall not be permitted in required setback
areas, landscape areas, buffer yards, or protected green space areas
unless located in a parking lot.
4.
Inoperable vehicles or equipment, or other items typically stored
or displayed in a junkyard or salvage yard, shall not be displayed
for this land use.
5.
In no event shall the display of items reduce or inhibit the
use or number of parking stalls provided on the property below the
requirement established by Subsection (4)(b)9, below. If the number
of provided parking stalls on the property is already less than the
requirement, such display area shall not further reduce the number
of parking stalls already present.
6.
Display areas shall be separated from any circulation area by
a minimum of 10 feet. This separation shall be clearly delimited by
a physical separation such as a greenway, curb, fence, or line of
planters, or by a clearly marked paved area.
7.
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential vehicle/vehicle and
vehicle/pedestrian conflicts.
8.
Outdoor display shall be permitted during the entire calendar
year; however, if goods are removed from the display area, all support
fixtures used to display the goods shall be removed within 10 calendar
days of the goods' removal.
9.
Minimum required parking: one space per 300 square feet of gross
floor area.
(5)
Artisan production shop: a building or portion thereof used by 10
or fewer artists or artisans for the creation, preparation, display
and sale of unique (rather than mass-produced) individually crafted
items, including artwork, jewelry, custom furniture, woodwork, sculpture,
glass, metal, pottery, leathercraft, hand-woven articles, and related
items, as either a principal use or accessory use.
(a)
Minimum required parking: one space per 300 square feet of gross
floor area plus adequate on-site parking is required for all customer
and employee vehicles.
(6)
Physical activity studio.
(a)
All land uses which provide a facility for training, instruction,
and physical activity within an enclosed building. Such activities
often have operating hours which extend significantly earlier or later
than most other commercial land uses, and often employ amplified music
to set training tempo. Examples of such land uses include health or
fitness centers, all forms of training studios (yoga, dance, art,
martial arts, gymnastics, etc.), and music schools.
(b)
Regulations.
1.
If located on the same side of the building as abutting residentially
zoned property, no customer entrance of any kind shall be permitted
within 150 feet, or as far as possible, of a residentially zoned property.
2.
The facility shall provide a buffer yard with minimum opacity of .60 along all borders of the property abutting residentially zoned property if outdoor physical activity takes place. [See § 10-133(5).]
4.
Minimum required parking: one space per every three persons
at the maximum capacity of the establishment.
(7)
Indoor commercial entertainment.
(a)
Land uses which provide entertainment services entirely within
an enclosed building. Such activities often have operating hours that
extend significantly later than most other commercial land uses. Examples
of such land uses include, but are not limited to, restaurants, taverns,
theaters, bowling alleys, arcades, roller rinks, and pool halls.
(b)
Regulations.
1.
New customer entrances shall be located as far as possible from
residentially zoned property.
2.
The facility shall provide a buffer yard with minimum opacity
of 0.60 along all borders of the property abutting residentially zoned
property.
3.
Minimum required parking: one space per every 300 feet of gross
floor area.
(8)
Outdoor commercial entertainment.
(a)
Land uses which provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Outdoor commercial entertainment land uses may include, but are not limited to outdoor eating and drinking areas, outdoor assembly areas, and outdoor swimming pools serving as an accessory to a lodging facility. Note that high-attendance facilities oriented to nonresident users or attendees and intensively lit tournament-oriented outdoor facilities are considered intensive outdoor activity land uses. [See § 10-58(23).]
(b)
Regulations:
1.
New customer entrances shall be located as far as possible from
residentially zoned property.
2.
Activity areas shall not be located closer than 100 feet from
a residentially zoned property.
3.
The facility shall provide a buffer yard with minimum opacity
of 0.80 along all borders of the property abutting residentially zoned
property.
4.
Outdoor commercial entertainment activities proposed in a public
right-of-way or on City-owned property must receive Common Council
approval for such use, in addition to any required conditional use
permit.
5.
Minimum required parking: one space for every three persons
at the maximum capacity of the establishment.
(9)
In-vehicle sales or service.
(a)
Land uses where sales and/or services are conducted to persons
in vehicles, or to vehicles which may or may not be occupied at the
time of such activity (except vehicle repair and maintenance services).
Such land uses often have traffic volumes which exhibit their highest
levels concurrent with peak traffic flows on adjacent roads. Examples
of such land uses include, but are not limited to, drive-in facilities,
drive-through facilities, fuel stations, and car washes.
(b)
Regulations:
1.
Clearly marked pedestrian crosswalks shall be provided for each
walk-in customer access to the facility adjacent to the drive-through
lane(s).
2.
The drive-through facility shall be designed so as to not impede
or impair vehicular and pedestrian traffic movement, or exacerbate
the potential for pedestrian/vehicular conflicts.
3.
In no instance shall a drive-through facility be permitted to
operate which endangers the public safety, even if such land use has
been permitted under the provisions of this section.
4.
The setback of the outer edge of any overhead canopy or similar
structure shall be a minimum of 10 feet from all street right-of-way
lines, a minimum of 20 feet from all residentially zoned property
lines, and shall be a minimum of five feet from all other property
lines. The total height of any overhead canopy or similar structure
shall not exceed 25 feet per the measurement of roof height.
5.
All vehicular areas of the facility shall provide a surface
paved with concrete or bituminous material which is designed to meet
the requirements of a minimum four-ton axle load.
6.
The facility shall provide a buffer yard with a minimum opacity
of 0.60 along all property borders abutting residentially zoned property.
7.
Interior curbs shall be used to separate driving areas from
exterior fixtures such as fuel pumps, vacuums, menu boards, canopy
supports, and landscaped islands. Said curbs shall be a minimum of
six inches high and shall be of a nonmountable design.
8.
Each drive-up lane shall have a minimum stacking length of 100
feet behind the pass-through window and 40 feet beyond the pass-through
window. This requirement may be adjusted by the Plan Commission through
the conditional use process.
9.
Minimum required parking: Refer to the parking requirements
of the other land use activities on the site, such as indoor sales
and service land uses for a gas station/convenience store, or office
land uses for a bank.
(10)
Group day-care center (nine or more children).
(a)
Facilities where persons provide childcare services for nine
or more children. Such land uses may be operated on a for-profit or
a not-for-profit basis. Such land uses may be operated in conjunction
with another principal land use on the same environs, such as a church,
school, business, or civic organization. In such instances, group
day-care centers are considered an accessory use and require review
as a separate land use.
(b)
Regulations:
1.
Group day-care centers shall not be located within a residential
building.
2.
The facility shall be surrounded by a buffer yard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property. (See Article VIII.)
3.
The property owner's permission and signature is required as
part of the conditional use permit application.
4.
Minimum required parking: one space per five students, plus
one space for each employee on the largest work shift.
(11)
Commercial animal boarding/day care.
(a)
Facilities where short-term and/or long-term animal boarding
is provided, including commercial kennels, commercial stables, pet
day care, and animal shelters. Exercise yards, fields, training areas,
and trails associated with such land uses are considered accessory
to and do not require separate consideration.
(b)
Regulations:
1.
The facility shall provide appropriate separation from animal
containment areas to residentially zoned property.
2.
Each animal shall be provided with an indoor containment area.
3.
The minimum permitted size of horse or similar animal stalls
shall be 100 square feet.
4.
Special events, such as shows, exhibitions, and contests, shall
only be permitted when a temporary use permit has been secured.
5.
Minimum required parking: one space per every 1,000 square feet
of gross floor area.
(12)
Bed-and-breakfast.
(a)
Bed-and-breakfasts are places of lodging that provide rooms
for rent for more than 10 nights during a twelve-month period, are
the owner's personal residence, and are occupied by the owner at the
time of rental, and where meals may be served to guests.
(b)
Regulations:
1.
For purposes of this definition, if the owner of the bed-and-breakfast
establishment is a corporation, limited liability corporation or a
partnership, at least one of the officers of the corporation, member
of the LLC or partner of the partnership, must have the establishment
as said person's personal residence and shall occupy the establishment
at the time of the rental.
2.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 0.60 along all property borders abutting residentially
zoned property.
3.
The dwelling unit in which the bed-and-breakfast takes place
shall be the principal residence of the operator/owner, and said operator/owner
shall live on the premises when the bed-and-breakfast operation is
active.
4.
Breakfast shall be the only meal served to overnight guests.
5.
Each operator shall keep a list of names of all persons staying
at the bed-and-breakfast operation. This list shall be kept on file
for a period of one year. Such list shall be available for inspection
by City officials at any time.
6.
The maximum stay for any occupants of bed-and-breakfast operations
shall be 14 consecutive days.
7.
It shall be unlawful for any persons to operate a bed-and-breakfast operation as defined and as permitted in this chapter without first having obtained a conditional use permit. (See § 10-171.)
8.
Minimum required parking: one space per each bedroom in addition
to requirements for principal residents.
(13)
Vacation rental home.
(a)
A dwelling unit available for overnight, weekend or weekly stays
by paying guests, which may or may not be owner-occupied for parts
of the year. These uses are often referred to as vacation rentals
and include timeshare units. Where such units are available for lease
for periods of time longer than 30 consecutive days, such uses shall
not be considered vacation rental homes, but shall instead be considered
single-family dwellings, separately described and regulated under
this chapter. Also not included within this land use category are:
bed-and-breakfast, commercial indoor lodging, or boardinghouse.
(b)
Regulations:
1.
Occupancy shall be limited to two persons per bedroom, plus
an additional two persons. At no time may the number of guests exceed
eight regardless of the number bedrooms in the dwelling unit.
2.
The maximum stay for any party other than the owner of the premises
shall be 30 consecutive days.
3.
The number of guest vehicles allowed on site is limited to the
number of bedrooms in the unit. On-street parking is prohibited. No
recreational vehicle or tent may be used for living or sleeping purposes.
4.
The appearance or use of the dwelling shall not be altered in
a manner that would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, odors, dust or vibrations that carry
beyond the premises.
5.
The availability of the vacation rental home to the public shall
not be advertised on site.
6.
Minimum required off-street parking: one space per each bedroom.
7.
Permitted by right with required biennial (every two years)
license. A short-term cacation rental site application must be completed
and submitted to the City Clerk for approval. Owner(s) must also submit
a copy of their Wisconsin State license. The license fee shall be
as set by Council resolution, and the license shall be valid for two
years. Said licensing year is July 1 to June 30.
[Added 9-13-2023 by Ord. No. 2020]
(14)
Commercial indoor lodging.
(a)
Facilities where overnight housing in individual rooms or suites
of rooms is provided, with each room or suite having a private bathroom.
Such land uses may provide in-room or in-suite kitchens and may also
provide indoor recreational facilities for the exclusive use of their
customers. Restaurant, lounge, fitness centers, and other on-site
facilities available to nonlodgers are considered accessory uses and
therefore require review as a separate land use.
(b)
Regulations:
1.
New customer entrances shall be located as far as possible from
residentially zoned property.
2.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 0.60 along all property borders abutting residentially
zoned property.
3.
Minimum required parking: one space per bedroom, plus one space
for each employee on the largest work shift.
(15)
Boardinghouse.
(a)
Boardinghouses include any residential use with shared bathroom,
living, and/or kitchen facilities.
(b)
Regulations:
1.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 0.60 along all property borders abutting residentially
zoned property.
2.
It shall be unlawful for any persons to operate a boardinghouse
as defined and as permitted in this chapter without first having obtained
a conditional use permit.
3.
Minimum required parking: one space per each bedroom for rent.
(16)
Campground.
(a)
Campgrounds include any facilities designed for overnight accommodation
of persons in tents, travel trailers, or other mobile or portable
shelters or recreational vehicles.
(17)
Indoor maintenance service.
(a)
Facilities where maintenance service is provided, including
repair, and operations (except loading) are located entirely within
an enclosed building. This shall not include vehicle sales, vehicle
service, or vehicle repair land uses.
(18)
Outdoor maintenance service.
(a)
Facilities where maintenance service is provided, including
repair, and where all or any portion of the operation is located outside
of an enclosed building. This shall not include vehicle sales, vehicle
service, or vehicle repair land uses.
(b)
Regulations:
1.
All outdoor activity areas shall be completely enclosed by a
minimum six-foot-high fence. Such enclosure shall be located a minimum
of 50 feet from any residentially zoned property and shall be screened
from such property by a buffer yard with a minimum opacity of 0.60.
2.
Outdoor storage of unlicensed or inoperable vehicles is prohibited
outside fenced areas.
3.
Minimum required parking: one space per 300 square feet of gross
floor area, or one space per each employee on the largest shift, whichever
is less.
(19)
Vehicle sales.
(a)
The sale and display of vehicles for sale or rent outside of
an enclosed building. Such land uses also include an ancillary repair
shop associated with the vehicle display lot and sales building.
(b)
Regulations:
1.
The outdoor vehicle sales area shall be calculated as the area
that would be enclosed by a required physical separation installed
and continually maintained in the most efficient manner which completely
encloses all vehicles displayed outdoors.
2.
The display of vehicles shall not be permitted in protected
green space areas, required landscaped areas, or required buffer yards.
3.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 0.60 along all borders of the display area abutting residentially
zoned property.
4.
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential vehicle/vehicle and
vehicle/pedestrian conflicts.
5.
Inoperable vehicles or equipment or other items typically stored
or displayed in a junkyard or salvage yard shall not be displayed.
6.
Minimum required parking: one space per 300 square feet of gross
floor area.
(20)
Vehicle service.
(a)
Facilities where vehicle service is provided entirely within
an enclosed building, such as an oil change shop. This shall not include
vehicle sales or vehicle repair.
(b)
Regulations:
1.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 0.60 along all borders of the display area abutting residentially
zoned property.
2.
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential vehicle/vehicle and
vehicle/pedestrian conflicts.
3.
Inoperable vehicles or equipment or other items typically stored
or displayed in a junkyard or salvage yard shall not be displayed.
4.
Minimum required parking: one space per 300 square feet of gross
floor area.
(21)
Vehicle repair.
(a)
Facilities where vehicle repair is provided entirely within
an enclosed building including unlicensed or inoperable vehicles used
for spare parts. This shall not include vehicle sales or vehicle service.
(b)
Regulations:
1.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 0.60 along all borders of the display area abutting residentially
zoned property.
2.
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential vehicle/vehicle and
vehicle/pedestrian conflicts.
3.
Outdoor storage of unlicensed or inoperable vehicles is prohibited
outside fenced areas.
4.
Minimum required parking: one space per 300 square feet of gross
floor area.
(22)
Lake-related recreation.
(a)
Lake-related recreational facilities, such as marinas and yacht
clubs, bait shops, boat launching ramps, boat slips, boat storage,
docking facilities, liveries, and boat repair and maintenance facilities,
including gasoline pumps for marine use.
(23)
Intensive outdoor activity.
(a)
Land uses located on private or public property that require
intensive lighting and generate regional traffic and noise beyond
property lines. Intensive outdoor activity land uses may include,
but are not limited to, amusement parks, water parks, fairgrounds,
outdoor stadiums, go-cart tracks, paintball facilities, race tracks,
ski hills, drive-in theaters, driving ranges, flea markets, bazaars,
auction yards, battlefield reenactment sites, renaissance fairs, rodeo
arenas, demolition derby arenas, monster truck arenas, equestrian
arenas, polo fields, dog obedience and field trials, drag strips,
motocross arenas, and tournament-oriented athletic facilities.
[Amended 8-14-2019 by Ord. No. 1974]
(b)
Regulations:
1.
No intensive outdoor activity shall take place after 11:00 p.m.
except by special resolution by the Common Council.
2.
A buffer yard with a minimum opacity of 1.0 shall be provided
along all property abutting residentially zoned property and for any
facility requiring night lighting.
3.
Facilities serving a regional or community-wide function shall
provide an off-street passenger loading area if the majority of the
users will be children.
4.
A minimum setback of 100 feet shall be required to any activity
area other than parking.
5.
A minimum of one space per four expected patrons at maximum
capacity shall be provided.
(24)
Sexually oriented land uses.
(a)
Any facility oriented to the display of sexually oriented materials,
such as videos, movies, photos, books, or magazines; or actual persons
displaying and/or touching sexually specified areas; including the
provision of body piercing or tattooing services to sexually specified
areas. For the purpose of this chapter, "sexually specified areas"
includes any of the following: genitals, anal area, female areola
or nipple. "Sexually oriented material" includes any media which displays
sexually specified area(s). Establishments which sell or rent sexually
oriented materials shall not be considered sexually oriented if the
area devoted to sale of said materials is less than 5% of the sales
area devoted to nonsexually oriented materials and if such materials
are placed in generic covers or otherwise obscured areas. [NOTE: The
incorporation of this subsection into this chapter is designed to
reflect the Common Council's official finding that sexually oriented
commercial uses have a predominant tendency to produce certain undesirable
secondary effects on the surrounding community, as has been demonstrated
in other, similar jurisdictions. Specifically, the Common Council
is concerned with the potential for such uses to limit: the attractiveness
of nearby locations for new development, the ability to attract and/or
retain customers, and the ability to market and sell nearby properties
at a level consistent with similar properties not located near such
facilities. It is explicitly not the intent of this subsection to
suppress free expression by unreasonably limiting alternative avenues
of communication, but rather to balance the need to protect free expression
opportunities with the need to implement the City's Comprehensive
Plan and protect the character and integrity of its commercial and
residential neighborhoods.]
(b)
Regulations:
1.
Facilities shall be located a minimum of 1,000 feet from any
commercially zoned property or residentially zoned property; and shall
be located a minimum of 1,000 feet from any school, church, or outdoor
recreational facility.
2.
Exterior building appearance and signage shall be designed to
ensure that the use does not detract from the ability of businesses
in the vicinity to attract customers, nor affect the marketability
of properties in the vicinity for sale at their assessed values.
3.
Minimum required parking: one space per 300 square feet of gross
floor area, or one space per person at the maximum capacity of the
establishment, whichever is greater.
(1)
Light industrial.
(a)
Facilities where all operations, with the exception of loading, are conducted entirely within an enclosed building. Such land uses are not associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line, and do not pose a significant safety hazard (such as danger of explosion). Examples include, but are not limited to manufacturing of clothing, furniture, cabinetry, electronic components, and mass-produced arts and crafts. Industrial land uses may conduct indoor sales as an accessory use, provided that the requirements of § 10-58(3) are complied with.
(2)
Heavy industrial.
(a)
Industrial activities that may be wholly or partially located
outside of an enclosed building; may have the potential to create
certain nuisances which are detectable at the property line; and may
involve materials which pose a significant safety hazard. Examples
include, but are not limited to: meat product producers; paper, pulp
or paperboard producers; chemical and allied product producers (except
drug producers), including poison or fertilizer producers; petroleum
and coal product producers; asphalt, concrete or cement producers;
tanneries; stone, clay, or glass product producers; primary metal
producers; heavy machinery producers; electrical distribution equipment
producers; electrical industrial apparatus producers; transportation
vehicle producers; commercial sanitary sewage treatment plants; railroad
switching yards; recycling facilities not involving the on-site storage
of salvage materials; and large-scale alcoholic beverage producers
exceeding the production limits in Ch. 125, Wis. Stats.
(b)
Regulations:
1.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 1.00 along all borders of the property other than permanent
open space abutting properties which are not zoned GI.
2.
All outdoor activity areas shall be located a minimum of 100
feet from residentially zoned property.
3.
No equipment or materials shall be stacked or otherwise stored
so as to be visible over buffer yard screening elements.
4.
In no instance shall a heavy industrial land use exceed the performance standards listed in Article VII.
5.
Minimum required parking: one space per each employee on the
largest work shift.
(3)
Production greenhouse.
(a)
Any business whose principal activity is the growing and wholesaling
of plants or plant by-products (not including fruits and vegetables)
that are either grown or stored within an enclosed building or structure
constructed chiefly of glass or glass-like material, cloth, or other
permanent material. Such uses also often involve the seasonal display
of plants and related products outdoors.
(b)
Regulations:
1.
In no event shall the display of items reduce or inhibit the
use or number of parking stalls provided on the property below the
requirement established by the provisions of Subsection (3)(b)5, below.
If the number of provided parking stalls on the property is already
less than the requirement, such display area shall not further reduce
the number of parking stalls already present.
2.
Storage and/or outdoor display areas shall be separated from
any vehicular parking or circulation area by a minimum of 10 feet.
This separation shall be clearly distinguished by a physical feature
or barrier, such as a greenway, curb, fence, or line of planters,
or by a clearly marked paved area.
3.
Signs, screening, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential traffic/traffic and
traffic/pedestrian conflicts.
4.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 0.60 along all borders of outdoor display areas abutting
residentially zoned property.
5.
Minimum required parking: one space per 300 square feet of gross
floor area.
(4)
Indoor food production.
(a)
Any business whose principal activity is the production and
wholesaling of plants or plant by-products (including fruits and vegetables)
that are grown on-site within an enclosed building or structure constructed
chiefly of glass or glasslike material, cloth, or other permanent
material. Such uses also often involve the seasonal display of plants
and related products outdoors. Indoor food production also includes
the farming of aquatic organisms (plants and animals) under controlled
conditions, and which is located entirely within an enclosed building
and utilizes recirculating (closed) system technology. Such operations
may also incorporate aquaponics, which is the symbiotic cultivation
of plants and aquatic organisms in a recirculating system.
(b)
Regulations:
1.
All outdoor storage areas shall be completely enclosed by any
permitted combination of buildings, structures, walls, and/or fencing.
Such walls and fencing shall be a minimum of eight feet in height
and shall be designed to completely screen all stored materials or
products from view of nonindustrialized areas at an elevation of five
feet above the grade of all adjacent properties and rights-of-way.
Said walls or fencing shall be screened from residentially zoned property
by a buffer yard with a minimum opacity of 0.80.
2.
Storage and/or outdoor display areas shall be separated from
any vehicular parking or circulation area by a minimum of 10 feet.
This separation shall be clearly distinguished by a physical feature
or barrier, such as a greenway, curb, fence, or line of planters,
or by a clearly marked paved area.
3.
All outdoor storage areas shall be located no closer to a residentially
zoned property than the required minimum setback for buildings on
the subject property.
4.
The storage of items shall not be permitted in any landscaping
areas, buffer yard areas, or protected green space areas.
5.
In no event shall the storage of items reduce or inhibit the
use or number of parking stalls provided on the property below the
requirement established by the provisions of Subsection (4)(b)14,
below. If the number of provided parking stalls on the property is
already less than the requirement, such storage area shall not further
reduce the number of parking stalls already present.
6.
Materials being stored shall not interfere in any manner with
either on-site or off-site traffic visibility, including potential
vehicle/vehicle and vehicle/pedestrian conflicts.
7.
Indoor aquaculture operations shall be connected to the municipal
water and sanitary sewer system, and all wastewater shall be discharged
to the municipal sanitary sewer system.
8.
Prior to the issuance of a conditional use permit, applicants
wishing to establish indoor aquaculture operations shall prepare a
report outlining the estimated average daily water usage and quantity
of wastewater discharge. Such report shall be reviewed and approved
by the Public Works Department.
9.
On-site processing of seafood is permitted, provided that the
activity is conducted entirely within an enclosed building and no
odors are detectable from the property line.
10.
The on-site retail sale of seafood or vegetables shall be considered indoor sales incidental to light industrial subject to the provisions of § 10-65(17), provided that the area devoted to sales does not exceed 25% of the total area of the building(s) within which the operation is located. Retail areas that exceed 25% of the total area of the building(s) within which the operation is located shall be considered an indoor sales and service principal land use.
11.
Site plans shall be provided which indicate the location of
all outdoor activity areas.
13.
No outdoor activity areas shall be located in buffer yard areas.
No materials shall be stacked or otherwise stored so as to be visible
over buffer yard screening elements.
14.
Minimum required parking: for indoor aquaculture, one space
for each 500 square feet of principal building area; for wholesale
greenhouses, one space for every 10,000 square feet of gross storage
area, plus one space per each employee on the largest work shift.
(1)
Indoor storage and wholesaling.
(a)
Land uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 10-65(17).
(2)
Outdoor storage and wholesaling.
(a)
Land uses primarily oriented to the receiving, holding, and
shipping of packaged materials for a single business or a single group
of businesses. Such a land use, in which any activity beyond loading
and parking is located outdoors, is considered an outdoor storage
and wholesaling land use. Examples of this land use include, but are
not limited to, storage yards, equipment yards, lumberyards, and coal
yards.
(b)
Regulations:
1.
All outdoor storage areas shall be completely enclosed by any
permitted combination of buildings, structures, walls, and fencing.
Such walls and fencing shall be a minimum of eight feet in height
and shall be designed to completely screen all stored materials from
view from nonindustrialized areas at an elevation of five feet above
the grade of all adjacent properties and rights-of-way. Said walls
or fencing shall be screened from residentially zoned property by
a buffer yard with a minimum opacity of 0.80.
2.
The storage of items shall not be permitted in required frontage
landscaping areas, buffer yard areas, or protected green space areas.
3.
In no event shall the storage of items reduce or inhibit the
use or number of parking stalls provided on the property below the
requirement established by the provisions of Subsection (2)(b)7. If
the number of provided parking stalls on the property is already less
than the requirement, such storage area shall not further reduce the
number of parking stalls already present.
4.
Storage areas shall be separated from any vehicular parking
or circulation area by a minimum of 10 feet. This separation shall
be clearly delimited by a physical separation, such as a greenway,
curb, fence, or line of planters, or by a clearly marked paved area.
5.
Materials being stored shall not interfere in any manner with
either on-site or off-site traffic visibility, including potential
vehicle/vehicle and vehicle/pedestrian conflicts.
6.
Inoperable vehicles or equipment, or other items typically stored
in a junkyard or salvage yard, shall not be stored under the provisions
of this land use.
7.
Minimum required parking: one space for every 10,000 square
feet of gross storage area, plus one space per each employee on the
largest work shift.
(3)
Personal storage facility.
(a)
Also known as "mini warehouses," these land uses are oriented
to the indoor storage of items entirely within partitioned buildings
having an individual access to each partitioned storage area. Such
storage areas may be available on either a condominium or a rental
basis.
(b)
Regulations:
1.
The facility shall be designed so as to minimize adverse visual
impacts on nearby developments. The color, exterior materials, and
orientation of proposed buildings and structures shall complement
surrounding development.
2.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 0.80 along all property borders abutting residentially
zoned property.
3.
No electrical power shall be run to the storage facilities,
except for exterior lighting.
4.
Minimum required parking: one space for each employee on the
largest work shift.
(1)
Transit center.
(a)
A building, structure, and/or area designed and used for the
purpose of loading, unloading, or transferring passengers or accommodating
the movement of passengers from one mode of transportation to another.
Examples include, but are not limited to, bus stations, train stations,
and park and ride stations.
(b)
Regulations:
1.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 1.0 along all property borders abutting residentially zoned
property.
2.
All buildings, structures, outdoor storage areas, and any other
activity areas, except employee and passenger parking, shall be located
a minimum of 100 feet from all lot lines abutting residentially zoned
property.
3.
Minimum required parking: as sufficient to accommodate parking
needs.
(2)
Distribution center.
(a)
Facilities are oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per Subsection 10-65(17).
(b)
Regulations:
1.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 1.00 along all property borders abutting residentially
zoned property.
2.
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines abutting residentially zoned property.
3.
In no instance shall activity areas be located within a required
frontage landscaping or buffer yard areas.
4.
Minimum required parking: one space per each employee on the
largest work shift.
(3)
Freight terminal.
(a)
Land and buildings representing either end of one or more truck
carrier line(s) which may have some or all of the following facilities:
yards, docks, management offices, storage sheds, buildings and/or
outdoor storage areas, freight stations, and truck maintenance and
repair facilities, principally serving several or many businesses
requiring transshipment.
(b)
Regulations:
1.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 1.00 along all property borders abutting residentially
zoned property.
2.
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines abutting residentially zoned property.
3.
In no instance shall activity areas be located within a required
frontage landscaping or buffer yard areas.
4.
Minimum required parking: one space per each employee on the
largest work shift.
(4)
Airport.
(a)
Transportation facilities providing takeoff, landing, servicing,
storage, and other services to any type of air transportation. The
operation of any type of air vehicle (including ultralight aircraft,
hang gliders, parasails, and related equipment) within the jurisdiction
of this chapter shall occur only in conjunction with an approved airport.
(b)
Regulations:
1.
Airports shall be surrounded by a buffer yard with a minimum
opacity of 1.00 along all borders of the property not otherwise completely
screened from activity areas by buildings or structures.
2.
Minimum required parking: one space per each employee on the
largest work shift, plus one space per every five passengers based
on average daily ridership.
(5)
Heliport.
(a)
An area designed to be used for the landing or takeoff of helicopters,
including operations facilities, such as maintenance, loading and
unloading, storage, fueling, or terminal facilities.
(b)
Regulations:
1.
The heliport shall be located at least 200 feet from any residentially
used or zoned property, measured in a straight line from the closest
point of the takeoff and landing area to the property line of the
closest residentially used or zoned property. The application shall
include a site plan of the proposed facility and an area map showing
the distance between the proposed takeoff and landing area and the
nearest residential property.
2.
The heliport shall be constructed, operated, and maintained
in accordance with the rules and regulations of the Federal Aviation
Administration (FAA) and state.
(1)
Satellite dish.
(a)
A bowl-shaped antenna with which signals are transmitted to
or received from a communications satellite. This land use applies
to dishes for personal use and private businesses (e.g., taverns and
restaurants).
(b)
Regulations:
1.
In all districts, any personal antenna tower attached to or
immediately adjacent to a structure and less than 15 feet higher than
the highest structure point of said structure may be located on or
adjacent to any principal or accessory building.
2.
In the RH-35, SR-2, SR-4, SR-5, SR-6, TR-6, MR-10, MR-20, and
MH-8 Districts satellite dishes three feet in diameter and larger
may only be located in provided rear yards or on the roof of a detached
garage, so long as the height of the detached garage and the dish
is equal to or less than the height of the principal building.
3.
In all other districts, satellite dishes three feet in diameter
and larger may be erected on the roof of any principal or accessory
buildings, and in street, side, or rear yards; but shall not be located
in front yards.
4.
No advertising or graphic designs are permitted on satellite
dishes in any zoning district.
5.
In the event that a usable signal cannot be obtained by locating
a satellite dish in locations permitted by this chapter, the Zoning
Board of Appeals may grant a variance to allow the placement of a
satellite dish in any location except a front yard.
(2)
Personal antenna or tower.
(a)
Devices used for the transmission or reception of electromagnetic
waves, external to or attached to the exterior of any building. This
definition includes the structure, supports, and equipment buildings.
This land use applies to antenna and towers for personal use. Examples
include amateur radio antenna and personal television antenna.
(b)
Regulations:
1.
No antenna or tower not meeting the conditions of § 10-62(1)(a) shall be installed unless a permit is first obtained by the owner or his agent from the Building Inspector. The owner shall provide a drawing which shows the proposed method of installation, the manufacturer's specifications (if any), and a site plan which depicts the location of the proposed antenna, any existing antenna, property lines and all buildings. The permit fee shall be based on the value of the proposed installation.
2.
Antennas and towers shall be installed pursuant to the manufacturer's
specifications.
3.
In the RH-35, SR-2, SR-3, SR-4, SR-5, SR-6 Districts there may
only be one roof-mounted antenna and one tower per lot. In all other
districts there may be one antenna for each dwelling unit or business
and one tower per lot.
4.
In all districts, freestanding antennas may not be located in
a provided front yard or provided street side yard or closer to the
right-of-way than the closest edge of the principal building, whichever
is less.
5.
Towers are restricted to 70 feet, and roof-mounted antennas
are restricted to 30 feet above the highest peak of the roof.
6.
No part of an antenna array or tower shall extend beyond any
property boundary. Buried radials shall not encroach into a utility
easement. Guy wires shall not be anchored within a provided front
yard or provided street side yard or closer to the right-of-way than
the closest edge of the principal building, whichever is less. It
shall be installed in such a manner as to protect the public safety
and to minimize the visual impact on surrounding properties and from
public streets.
7.
The attachment to an antenna or tower of any flag, decorative
or commercial sign, streamers, pennants, ribbons, spinners or waving,
fluttering or revolving devices is prohibited. This regulation does
not include weather devices.
(3)
Communication antenna.
(a)
Devices used for the transmission or reception of electromagnetic
waves, attached to a communication tower, building, or alternative
tower structures, including equipment buildings/cabinets.
(b)
Regulations:
1.
Applicability.
a.
Communication antennas may be installed, erected and maintained
pursuant to the provisions of this section. This land use shall not
be regulated or permitted as essential services, small-scale public
services and utilities, or large-scale public services and utilities.
All new antennas in the City of Shawano shall be subject to these
regulations.
b.
Antennas may be considered either principal or accessory uses.
A different use on the same lot shall not preclude the installation
of an antenna or tower on such lot.
c.
This land use category includes the placement of new antennas
and equipment buildings used in conjunction with an existing tower.
d.
Municipal sites. Antennas installed on a structure, water tower, building, or communication tower, including the placement of ground-mounted and roof-mounted equipment buildings, shall be permitted where located on property owned, leased or otherwise controlled by the City of Shawano, irrespective of zoning district, provided that a lease or other agreement to authorize such antenna has been approved by the City, and the requirements and conditions in § 10-62(3)(b)3 are met.
2.
General requirements.
a.
Compliance with federal regulations. Towers shall be erected and installed in accordance with the state electrical code adopted by reference in § 12.28 et seq., National Electrical Safety Code, Federal Communications Commission, Federal Aviation Administration, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
b.
Antennas shall not encroach into airspace prescribed by FAR
Part 77 and the most current Height Limitation Zoning Map, Shawano
Municipal Airport, Shawano, Wisconsin.
c.
Communication tower and commercial building: Antennas may be
placed on commercial communication towers and commercial buildings.
d.
Height requirements. Antenna height shall be restricted to 150
feet above grade when located on a commercial communication tower.
Antenna height shall be restricted to 20 feet above the height of
the commercial building roof or alternative tower structure when located
on such structure. District height restrictions shall not apply to
antennas.
e.
Alternative structures. Antennas may be placed on alternative
tower structures such as clock towers, bell steeples, light poles,
water towers, or similar structures.
f.
Other limitations. The antenna shall not adversely impact surrounding
property; specifically, it shall not have aesthetic, economic, or
safety impact on surrounding public or private property or interfere
with transmission or reception.
g.
Advertising. No form of advertising or identification, sign
or mural is allowed on the antenna other than the customary manufacturer
identification plate.
3.
Equipment buildings. Equipment buildings, including cabinets,
used in connection with commercial communication antennas will be
subject to the following conditions:
a.
Whenever wireless telecommunications facilities are established,
all related ground-mounted equipment buildings shall be considered
ancillary to any existing or proposed primary use. Any impact of the
equipment buildings shall be made as minimal as possible so as not
to detract from the principal use of the property.
b.
Exterior storage of ground-mounted equipment or materials shall
not be permitted.
c.
Except when located in the LI and GI Zoning District, the maximum
size of a single ground-mounted equipment building shall not exceed
360 square feet. Additional ground-mounted equipment buildings and
buildings larger than 360 square feet may be granted by issuance of
a conditional use permit, but may not exceed a total of 1,000 square
feet of ground-mounted equipment shelters per site.
d.
Equipment buildings or structures may be mounted on the roof
of a building, provided that such building or structure is placed
as unobtrusively as possible.
e.
Any ground-mounted equipment building used for accessory equipment
must either be screened from view from all abutting residential uses
and potentially incompatible municipal uses with a minimum of a six-foot-tall
evergreen hedge or other suitable vegetation, or the equipment building
must be constructed with similar materials, style, roof pitch, etc.,
to complement the architectural character of the surrounding neighborhood.
Alternative screening materials may be used in nonresidential areas.
f.
Equipment buildings needed for accessory equipment may be allowed
prior to the construction of a principal building.
g.
All ground-mounted equipment buildings shall at a minimum meet
the required setbacks of a principal structure for the underlying
zoning district and shall meet all applicable building code requirements.
4.
Exceptions. Exceptions to the setbacks and height requirements
listed above may be granted by a conditional use permit if appropriate
engineering data is submitted showing that failure characteristics
of the structure will not adversely impact abutting property and the
structure does not encroach into airspace prescribed by FAR Part 77
and the most current Height Limitation Zoning Map, Shawano Municipal
Airport, Shawano, Wisconsin.
(4)
Communication tower.
(a)
Any structure that is designed and constructed for the purpose
of supporting one or more antennas for communication purposes, such
as cellular telephones or similar, including self-supporting lattice
towers, guyed towers, or monopole towers. Height shall be measured
from finished grade to the highest point on the tower or other structure,
including the base pad. This definition includes the structure, supports,
and equipment buildings.
(b)
Regulations:
1.
Applicability. This land use shall not be regulated or permitted
as essential services, small-scale public services and utilities,
or large-scale public services and utilities. This section shall apply
to the following:
a.
New towers. All new towers in the City of Shawano shall be subject
to these regulations.
b.
Preexisting towers. Preexisting towers shall not be required
to meet the requirements of this section, other than the requirements
of Subsection (4)(b)2 of this section.
c.
Towers may be considered either principal or accessory uses.
A different use on the same lot shall not preclude the installation
of an antenna or tower on such lot.
2.
Compliance with federal regulations. Towers shall be erected and installed in accordance with the state electrical code adopted by reference in § 12.28 et seq., National Electrical Safety Code, Federal Communications Commission, Federal Aviation Administration, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
3.
Placement requirements.
a.
It is the intention of the City to accommodate expansion of
communication technology while minimizing the number of tower sites.
New towers shall be structurally and electrically designed to accommodate
the applicant's antenna and comparable antennas for two additional
users. Towers shall be designed to allow for future rearrangement
of antennas and to accept antennas mounted at varying heights.
b.
No freestanding (not attached to an existing structure) monopole
or tower structure shall be located closer than 100% of the height
of the tower to any property line. This shall not apply to alternative
tower structures.
c.
Towers shall be located no closer than 200% the height of the
tower to any residential zone or any zone designated for future residential
use by the Future Land Use Map in the City of Shawano Comprehensive
Plan. Tower separation shall be measured from the base of the tower
to the lot line of the off-site use and/or designated area as specified
in this section. This shall not apply to alternative tower structures.
d.
Tower guyed wires shall comply with requirements of the underlying
zoning district in which the tower is located.
e.
The placement of towers on the roof of existing buildings must
maintain a setback from residential zones or properties the same as
the building setback required for new buildings and cannot exceed
a maximum height of 30 feet above the roof of the building or the
maximum height of the district where it is placed, whichever is greater.
4.
Equipment buildings. Equipment buildings, including cabinets,
used in connection with commercial communication antennas will be
subject to the following conditions:
a.
Whenever wireless telecommunications facilities are established,
all related ground-mounted equipment buildings shall be considered
ancillary to any existing or proposed primary use. Any impact of the
equipment buildings shall be made as minimal as possible so as not
to detract from the principal use of the property.
b.
Exterior storage of ground-mounted equipment or materials shall
not be permitted.
c.
Except when located in the LI and GI Zoning Districts, the maximum
size of a single ground-mounted equipment building shall not exceed
360 square feet. Additional ground-mounted equipment buildings and
buildings larger than 360 square feet may be granted by issuance of
a conditional use permit, but may not exceed a total of 1,000 square
feet of ground-mounted equipment shelters per site.
d.
Equipment buildings or structures may be mounted on the roof
of a building, provided that such building or structure is placed
as unobtrusively as possible.
e.
Any ground-mounted equipment building used for accessory equipment
must either be screened from view from all adjacent residential uses
and potentially incompatible municipal uses with a minimum of a six-foot-tall
evergreen hedge or other suitable vegetation, or the equipment building
must be constructed with similar materials, style, roof pitch, etc.,
to complement the architectural character of the surrounding neighborhood.
Alternative screening materials may be used in nonresidential areas.
f.
Equipment buildings needed for accessory equipment may be allowed
prior to the construction of a principal building.
g.
All ground-mounted equipment buildings shall at a minimum meet
the required setbacks of a principal structure for the underlying
zoning district and shall meet all applicable building code requirements.
5.
Height requirements. Tower height shall be restricted to 150
feet. District height restrictions shall not apply to commercial communication
towers.
6.
Towers shall not encroach into airspace prescribed by FAR Part
77 and the most current Height Limitation Zoning Map, Shawano Municipal
Airport, Shawano, Wisconsin.
7.
Collocation. A proposed tower shall be structurally and electrically
designed to accommodate the applicant's antenna and comparable antennas
for two additional users. Towers shall be designed to allow for future
rearrangement of antennas and to accept antennas mounted at varying
heights.
8.
Insurance. The applicant will provide adequate liability insurance
for damage antennas or towers could cause to surrounding property
and execute a lease agreement which includes equitable compensation
for the use of public property along with provisions and safeguards
as deemed necessary by the City.
9.
Other limitations. The tower shall not adversely impact surrounding
property; specifically, it shall not have aesthetic, economic, or
safety impact on surrounding public or private property or interfere
with transmission or reception.
10.
Advertising. No form of advertising or identification, sign
or mural is allowed on the tower other than the customary manufacturer
identification plate.
11.
Lighting. Towers shall not be artificially illuminated unless
required by the FAA or any other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
12.
Fencing. A tower shall be enclosed by security fencing not less
than six feet in height and secured so that it is not accessible by
the general public. Fence design, materials and colors shall reflect
the character of the surrounding area.
13.
Abandonment.
a.
The applicant shall provide a written agreement stating that
if the tower or transmitters are unused for a period exceeding 12
months, the applicant shall remove the tower or transmitters upon
written request from the Zoning Administrator within 60 days of such
request.
b.
If unused facilities are not removed within 60 days of such
notification, the City may remove the items at the expense of the
holder of the conditional use permit. Within 30 days of the date on
which the tower use ceases, the permit holder shall provide the Commission
written notice of the cessation of use.
c.
The applicant will submit a letter of credit, performance bond,
or other security acceptable to the City to cover the cost of facility
removal.
14.
Exceptions. Exceptions to the setbacks and height requirements
listed above may be granted by a conditional use permit if appropriate
engineering data is submitted showing that failure characteristics
of the structure will not adversely impact abutting property and the
structure does not encroach into airspace prescribed by FAR Part 77
and the most current Height Limitation Zoning Map, Shawano Municipal
Airport, Shawano, Wisconsin.
(1)
Extraction.
(a)
Land uses involving the removal of soil, clay, sand, gravel,
rock, minerals, peat, or other material in excess of that required
for approved on-site development or agricultural activities.
(b)
Regulations:
1.
The facility shall receive approval from the county prior to
action by the City of Shawano.
2.
The facility shall comply with all county, state, and federal
regulations and provide copies of all approved county, state, and
federal permits.
3.
The facility shall provide a buffer yard with a minimum opacity
of 1.00 along all borders of the property other than permanent open
space.
4.
All buildings, structures, and activity areas shall be located
a minimum of 300 feet from all lot lines.
5.
Required site plans shall include detailed site restoration
plans which shall include, at minimum, detailed grading and revegetation
plans, and a detailed written statement indicating the timetable for
such restoration. A surety bond, in an amount equivalent to 110% of
the costs determined to be associated with said restoration (as determined
by a third party selected by the City), shall be filed with the City
by the petitioner (subject to approval by the Zoning Administrator),
and shall be held by the City for the purpose of ensuring that the
site is restored to its proposed condition. (The requirement for said
surety is waived for publicly owned waste disposal facilities).
6.
Minimum required parking: one space per each employee on the
largest work shift.
(2)
Composting.
(a)
Land uses devoted to the collection, storage, processing, and/or
disposal of vegetation.
(b)
Regulations:
1.
Composting facilities shall comply with all county, state, and
federal regulations.
2.
The facility shall provide a buffer yard with a minimum opacity
of 1.00 along all borders of the property occupied by nonagricultural
land uses.
3.
All buildings, structures, and activity areas shall be located
a minimum of 100 feet from all lot lines.
4.
No food scraps or other vermin-attracting materials shall be
processed, stored, or disposed of on site.
5.
Operations shall not involve the on-site holding, storage, or
disposal of hazardous wastes as defined by state statutes in any manner.
6.
Minimum required parking: one space for each employee on the
largest work shift.
(3)
Recycling and waste disposal.
(a)
Recycling facilities not involving the on-site storage of salvage
materials. Waste disposal facilities are any facilities and/or areas
used for the disposal of solid wastes including those defined by § 289.01(33),
Wis. Stats., but not including composting operations.
(b)
Regulations:
1.
Recycling and waste disposal facilities shall comply with all
county, state, and federal regulations.
2.
The facility shall be surrounded by a buffer yard with a minimum
opacity of 1.00 along all borders of the property.
3.
All buildings, structures, and activity areas shall be located
a minimum of 300 feet from all lot lines.
4.
Operations shall not involve the on-site holding, storage, or
disposal of hazardous materials as defined by state statutes in any
manner.
5.
Required site plans shall include detailed site restoration
plans which shall include, at minimum, detailed grading and revegetation
plans, and a detailed written statement indicating the timetable for
such restoration. A surety bond, in an amount equivalent to 110% of
the costs determined to be associated with said restoration (as determined
by a third party selected by the City), shall be filed with the City
by the petitioner (subject to approval by the City Administrator),
and shall be held by the City for the purpose of ensuring that the
site is restored to its proposed condition. (The requirement for said
surety is waived for Recycling and Waste Disposal facilities owned
by public agencies).
6.
Minimum required parking: one space for each employee on the
largest work shift.
(4)
Salvage or junkyard.
(a)
Land or structure used for a salvaging operation including but
not limited to: the above-ground, outdoor storage and/or sale of wastepaper,
rags, scrap metal, and any other discarded materials intended for
sale or recycling; and/or the collection, dismantlement, storage,
or salvage of unlicensed and/or inoperable vehicles intended for scraping
or recycling. Recycling facilities involving on-site outdoor storage
of salvage materials are included in this land use. This shall not
include vehicle repair.
(b)
Regulations:
1.
The facility shall provide a buffer yard with a minimum opacity
of 1.00 along all property borders abutting residentially zoned property.
2.
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 50 feet from all roads
and 100 feet from all lot lines.
3.
In no instance shall activity areas be located within a required
frontage landscaping or buffer yard areas.
4.
Shall not involve the storage, handling, or collection of hazardous
materials as defined by state statutes.
5.
Minimum required parking: one space for every 20,000 square
feet of gross storage area, plus one space for each employee on the
largest work shift.
(5)
Sand and mineral processing.
(a)
Land or structure used for processing sand or minerals, extracted
on site or transported to the site, that remove the desired product
from the mineral or enhance the characteristics of the sand or mineral.
(b)
Regulations:
1.
The facility shall provide a buffer yard with a minimum opacity
of 1.00 along all property borders abutting residentially zoned property.
2.
All outdoor storage areas shall be located a minimum of 50 feet
from all roads and lot lines.
3.
In no instance shall activity areas be located within a required
buffer yard area.
4.
Shall not involve the storage, handling, or collection of hazardous
materials as defined by state statutes.
5.
The facility shall comply with all county, state, and federal
regulations and be able to provide copies of all approved county,
state, and federal permits.
6.
Minimum required parking: one space for each employee on the
largest work shift.
(1)
Large wind-energy system. Wind-energy systems that have a total installed
nameplate capacity of more than 300 kW or that consist of individual
wind turbines that have an installed nameplate capacity of more than
100 kW each.
(a)
This section provides the standards and procedures for issuance
of conditional use permits for wind-energy systems, as defined in
§ 66.0403(1)(m), Wis. Stats. The purpose of this section
is to ensure any proposed wind-energy system complies with applicable
provisions of PSC 128, Wisconsin Administrative Code, as amended,
and this section.
(b)
Wind-energy systems are a conditional use in any district. The
City will apply § 66.0401, Wis. Stats., and PSC Chapter
128 of the Wisconsin Administrative Code, as amended, in the evaluation
of such requests.
1.
No restriction shall be placed, either directly or in effect,
on the installation or use of a wind-energy system, unless the restriction
satisfies one of the following conditions:
(2)
Large solar-energy system. A large energy system that converts solar
energy to usable thermal, mechanical, chemical, or electrical energy,
where such solar-energy system is typically a principal use of the
land and designed primarily to generate energy for commercial sale
off site.
(a)
Rooftop, ground-mounted, and building-mounted large solar-energy
systems shall comply with the height limits and minimum required yards
for principal structures.
(b)
Large solar system structures shall be finished in a rust-resistant,
nonobtrusive finish and color that is nonreflective.
(c)
All electrical connections shall be located underground or within
a building.
(d)
No large solar-energy system shall be lighted unless required
by the Federal Aviation Administration.
(e)
No person in control of property shall allow a tree or shrub
to be placed or grow so as to cast a shadow between the hours of 9:00
a.m. and 3:00 p.m., Central daylight saving time, upon a solar collector
energy system capable of generating more than 1,000,000 British thermal
units per year, and which supplies a part of the energy requirements
for improvements on the property where the solar energy system is
permanently located. The provisions of this subsection shall not require
the removal of existing vegetation.
(f)
Clearing of natural vegetation for the purposes of installing
a large solar-energy system shall be limited to that which is necessary
for the construction, operation and maintenance of the large solar-energy
system and as otherwise prescribed by applicable laws, regulations,
and ordinances.
(g)
All access doors or accessways and electrical equipment shall
be lockable.
(h)
A large solar-energy system shall require a building permit
before installation. Building permit applications shall include the
following information in addition to that required by the Building
Code:
1.
A site plan drawn to scale showing the location of the proposed large solar energy system and per the requirements of § 10-174.
2.
Elevations of the site drawn to scale showing the height, design,
and configuration of the large solar-energy system and the heights
of all existing structures, buildings and electrical lines in relation
to property lines and their distance from the small solar-energy system.
3.
A standard foundation design along with specifications for the
soil conditions at the site.
4.
Specific information on the type, size, rated power output,
performance, and safety characteristics of the system, including the
name and address of the manufacturer, model, and serial number.
5.
A description of emergency and normal shutdown procedures.
6.
A line drawing of the electrical components of the system in
sufficient detail to establish that the installation conforms to all
applicable electrical codes and this subsection.
7.
Evidence that the provider of electrical service to the property
has been notified of the intent to install an interconnected electricity
generator, except in cases where the system will not be connected
to the electricity grid.
8.
Evidence of compliance with Federal Aviation Administration
requirements.
(i)
The requirements of Wisconsin Statutes, including but not limited
to §§ 66.0401 and 66.0403, Wis. Stats., shall apply
to all solar-energy systems.
(j)
Solar-energy systems are a conditional use in any district.
The City will apply § 66.0401, Wis. Stats., and Section
66.0403 of the Wisconsin Administrative Code, as amended, in the evaluation
of such requests.
1.
No restriction shall be placed, either directly or in effect,
on the installation or use of a solar-energy system, unless the restriction
satisfies one of the following conditions:
(1)
Home occupation.
(a)
Economic activities performed within residence. Examples include
personal and professional services, handicrafts, and by-appointment
retail. Home occupations are intended to provide a means to accommodate
a small home-based family or professional business without the necessity
of a rezoning from a residential to a business district. Home occupations
are limited to low-intensity businesses and businesses with no overlap
of customer visits.
[Amended 6-8-2022 by Ord. No. 2009]
(b)
Regulations:
1.
The home occupation shall be conducted by a resident who uses
the location of the home occupation as their principal residence.
2.
Home occupations shall be carried out by members of the immediate
family who reside on the premises and no more than one nonresident
employee present at one time.
[Amended 6-8-2022 by Ord. No. 2009]
3.
The home occupation shall be conducted only within the enclosed
area of the dwelling unit or garage.
4.
No exterior structural alterations or construction involving
features not customarily found in dwellings is allowed.
[Amended 6-8-2022 by Ord. No. 2009]
5.
The percentage of the gross floor area of the dwelling and garage
that may be devoted to the home occupation(s) shall not exceed 25%.
6.
There shall be no exterior evidence of the home occupation except
for the permitted nameplate sign not to exceed two square feet. There
shall be no exterior alterations which change the character or appearance
of the structure as a residence.
[Amended 6-8-2022 by Ord. No. 2009]
7.
A home occupation shall not endanger the public health and safety
and shall not interfere with other parcels in the neighborhood.
8.
There shall be no detriments to the residential character of
the neighborhood due to the emission of noise, odor, smoke, dust,
gas, heat, vibration, electrical interference, traffic congestion,
or other nuisances resulting from the home occupation not normally
associated with a typical residential use in the zoning district.
9.
No storage or display of materials, goods, supplies, or equipment
related to the operation of the home occupation shall be visible outside
any structure located on the premises.
10.
Home occupations shall not involve manufacturing, processing,
the repair of large appliances, vehicles, or motors, the construction
of equipment and machinery, or other activities that are typically
only permitted in the industrial zoning districts.
11.
Home occupations shall not involve the use of commercial vehicles
for more than occasional delivery of materials to or from the premises
such as is typical for a residential use in the zoning district.
12.
Items may be sold or offered for sale on the premises by appointment
only and to one customer at a time.
13.
Minimum required parking: No additional parking needed beyond
that required for the dwelling unit.
(c)
Compliance checklist. Notwithstanding the above, all who undertake
allowed home occupations in residential districts shall complete and
file a compliance checklist, in a form as approved by the Plan Commission
and made available by the City Clerk, prior to commencing the home
occupation. This form shall be filed with the City Clerk, who shall
retain the form while the home occupation is in use. The filed compliance
checklist shall be reviewed by the Zoning Administrator to determine
compliance of the home occupation with this chapter. Such form shall
be signed by both the owner and/or occupier of the premises on which
the home occupation takes place.
(2)
In-home day care. Occupied residences in which a licensed person
or persons provide childcare for four to eight children. The care
of fewer than four children is not subject to the regulations of this
chapter. State Law Reference: § 66.1017(1)(a), Wis. Stats.
(3)
In-family suite.
(a)
An area within a dwelling unit that may contain separate kitchen,
dining, bathroom, laundry, living, and sleeping areas, including exterior
porches, patios, and decks. In addition to the required internal physical
connection, separate outdoor access or separate access to the garage
may be provided. However, external stairs serving as the primary access
to the in-family suite are prohibited.
(b)
Regulations:
1.
In-family suites may not be occupied by a nonfamily member.
2.
In-family suites should be considered and regulated as part
of a single-family dwelling unit.
3.
The principal dwelling unit and the in-family suite shall together
appear as a single-family dwelling.
4.
A separate walled garage area or driveway is not permitted.
5.
A separate address for the in-family suite is not permitted.
6.
A separate utility connection or meters are not permitted.
7.
A physical all-weather connection between the main living area
and the in-family suite must be present. This required connection
may not occur through an attic, garage, porch, or other nonliving
area. A door may be used to separate the in-family suite from the
principal dwelling, but may not be locking, except that a locking
door may be used for the bedroom and bathroom doors of the in-family
suite.
8.
When an application is submitted for a building permit to accommodate
what is explicitly listed as, or could possibly serve as, an in-family
suite, the building plan shall be marked as "not a separate dwelling
unit or apartment," and a signed letter from the applicant stating
agreement with this condition shall be filed.
(4)
Accessory dwelling unit.
(a)
Residential dwellings located directly above the ground floor
of a building used for an office, commercial, or institutional land
use, or a residential dwelling unit located on the same lot as a single-family
dwelling unit, either in the same building as the single-family dwelling
unit or in a detached building. Accessory dwelling units may also
be permitted on the ground floor of a building used for an office,
commercial, or institutional land use, but may not be within the first
24 feet of the ground floor measured from the front of the building.
(b)
Regulations:
1.
The number of occupants of the accessory dwelling unit shall
not exceed one family plus one roomer or two unrelated individuals.
2.
Additional entrances shall not be added to the front elevation
of an existing building, but may be added to side or rear or street
side elevations.
3.
Accessory dwelling units shall adhere to the setback requirements
and standards for the underlying zoning district.
4.
Accessory dwelling unit entryways within a rear or side yard
shall be connected to a street frontage by a paved walkway or driveway.
5.
For accessory dwelling units located on the same lot as a single-family
dwelling unit, the following additional regulations shall apply:
a.
The principal building must be owner-occupied.
b.
The accessory dwelling unit shall not be sold separately from
the principal dwelling.
c.
The maximum size of an accessory dwelling unit shall not exceed
75% of the principal dwelling's floor area, up to a maximum size of
700 square feet.
d.
The appearance or character of the principal building must not
be significantly altered so that its appearance is no longer that
of a single-family dwelling.
e.
The exterior finish material must match in type, size and placement
the exterior finish material of the principal dwelling unit.
f.
The roof pitch must match the predominant roof pitch of the
principal dwelling unit or structure.
g.
Trim must match the trim used on the principal dwelling unit.
h.
Projecting eaves must match those of the principal dwelling
unit or structure.
i.
Windows must match those in the principal dwelling unit in both
proportion (relationship of width to height) and orientation (horizontal
or vertical).
(5)
Farm residence. A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in § 10-56.
(6)
Migrant employee housing.
(a)
Migrant employee housing includes any facility subject to the
regulation of § 103.90(3)(a), Wis. Stats.
(b)
Regulations:
1.
Migrant employee housing shall be surrounded by a buffer yard
with a minimum opacity of 0.60 along all property lines adjacent to
all properties in residential or mixed use zoning districts.
2.
Migrant employee housing shall be an accessory use to an active
principal land use and under the same ownership.
(7)
Residential accessory structure.
(a)
Structures primarily used to shelter parked passenger vehicles
(including garages and carports) or to store residential maintenance
equipment of the subject property.
(b)
Regulations:
1.
In no instance shall the combined accessory structure area exceed
the total square foot area of the principal building used for residence.
The measurement of the combined accessory structure area shall include
the total gross floor area of all detached and attached accessory
structures on the property, including attached garages, tool sheds,
garden sheds, and similar attached storage areas.
[Amended 6-9-2021 by Ord. No. 1993]
2.
For single-family and two-family uses, the maximum gross floor
area of all accessory structures on the property shall be 1,200 square
feet.
3.
For multifamily uses, the maximum gross floor area of all accessory
structures on the property shall be 600 square feet per dwelling unit.
4.
No more than two accessory structures and no more than one detached
garage shall be permitted per property, with the following exception:
a.
For multifamily uses with more than one principal building per
property, two accessory structures and one detached garage shall be
permitted by right for each principal building. Additional accessory
structures may be allowed by conditional use permit.
(8)
Nonresidential accessory structure.
(a)
Structures primarily used to shelter business vehicles or to
store maintenance equipment of the subject property.
(b)
Regulations:
1.
Individual detached accessory structures up to 10,000 square
feet of gross floor area are permitted by right. Attached garages
and similar attached accessory structures shall not count toward this
total. Detached accessory structures larger than 10,000 square feet
may be allowed by conditional use permit.
2.
In no instance shall the detached accessory structure area exceed
the ground floor area of the principal building. Detached accessory
structures larger than the principal structure may be allowed by conditional
use permit.
3.
No more than three accessory structures shall be permitted per
property.
(9)
Recreational facility.
(a)
This land use includes all active outdoor recreational facilities
located on a private lot which are not otherwise described in this
article. Common examples include swing sets, tree houses, playhouses,
basketball courts, tennis courts, swimming pools, recreation-type
equipment, and pavilions.
(b)
Regulations:
(11)
Residential kennel.
(a)
An enclosed structure designed for the keeping of dogs and/or
cats or any other animal not prohibited by City ordinance that is
accessory to a residential use.
(12)
Residential stable.
(a)
An accessory structure that is designed for the keeping of equines
for the private use of the occupants of the principal dwelling and
their guests, but in no event for hire.
(b)
Regulations:
1.
Outdoor containments for equines shall be located a minimum
of 25 feet from any residentially zoned property.
2.
A minimum lot area of 175,000 square feet (four acres) is required
for a private residential stable.
3.
A maximum of one horse per two acres of fully enclosed (by fencing
and/or structures) area is permitted.
4.
The minimum permitted size of horse or similar animal stall
shall be 100 square feet.
(13)
On-site parking.
(a)
On-site parking lots are any areas located on the same site
as the principal land use which are used for the temporary parking
of vehicles which are fully registered, licensed, and operable.
(14)
Company cafeteria.
(a)
A food service operation which provides food only to company
employees and their guests.
(15)
Incidental outdoor display.
(a)
The sale and display of merchandise or equipment outside of
an enclosed building and is incidental to a principal commercial or
industrial land use.
(16)
Incidental indoor sales.
(a)
Retail sales activity conducted exclusively indoors which is
incidental to a principal land use such as warehousing, wholesaling,
or any light industrial land use on the same site.
(b)
Regulations:
(17)
Incidental light industrial.
(a)
Light industrial activities conducted exclusively indoors which
are incidental to a principal land use, such as indoor sales or service,
on the same site.
(18)
Small wind-energy system.
(a)
A wind-energy conversion system consisting of a wind turbine,
a tower and associated control or conversion electronics which will
be used primarily to reduce on-site consumption of utility power.
Small wind-energy systems have a total installed nameplate capacity
of 300 kW or less and consist of individual wind turbines that have
an installed nameplate capacity of not more than 100 kW.
(b)
Regulations:
1.
Setbacks. A small wind-energy system shall comply with the following
setbacks:
|
Setback Description
|
Setback Distance
|
|---|---|
|
Occupied community buildings
|
1.0 times the maximum blade tip height
|
|
Participating residences
|
None
|
|
Nonparticipating residences
|
1.0 times the maximum blade tip height
|
|
Participating property lines
|
None
|
|
Nonparticipating property lines
|
1.0 times the maximum blade tip height
|
|
Public road right-of-way
|
None
|
|
Overhead communication and electric transmission or distribution
lines (not including utility service lines to individual houses or
outbuildings)
|
1.0 times the maximum blade tip height
|
|
Overhead utility service lines (utility service lines to individual
houses or outbuildings)
|
None
|
2.
"Participating residences" are defined as residences on a participating
property. A "participating property" means any of the following:
a.
A turbine host property.
b.
Real property that is the subject of an agreement that does
all of the following: provides for the payment of monetary compensation
to the landowner from an wind-energy system owner regardless of whether
any part of a wind-energy system is constructed on the property; and
specifies in writing any waiver of a requirement or right under this
section and that the landowner's acceptance of payment establishes
the landowner's property as a participating property.
3.
Design standards.
a.
Access. No tower shall have a climbing apparatus within 12 feet
of the ground. All access doors or accessways to towers and electrical
equipment shall be lockable.
b.
Noise. No small wind-energy system shall exceed 80 dBA as measured
at the property line or 50 dBA as measured at the nearest neighboring
inhabitable building.
c.
Visual appearance. Small wind-energy systems shall be finished
in a rust-resistant, nonobtrusive finish and color that is nonreflective.
No small wind-energy system shall be lighted unless required by the
FAA. No advertising signs of any kind or nature whatsoever shall be
permitted on any small wind-energy system.
d.
Electrical interconnections. The owner of a small wind-energy
system shall construct, maintain, and operate collector circuit facilities
in a manner that complies with the National Electrical Safety Code
and Chapter PSC 144 of the Wisconsin Administrative Code and shall
construct, maintain, and operate all wind- energy system facilities
in a manner that complies with the National Electric Code.
e.
Shadowing/flicker. Wind-energy systems shall be sited in a manner
that does not result in significant shadowing or flicker impacts to
nonparticipating residences or occupied community buildings. The applicant
has the burden of proving that this effect does not have significant
impact on such uses either through siting or mitigation.
f.
Signs. All signs, both temporary and permanent, are prohibited
on the wind-energy system, except that the manufacturer's identification
and appropriate warning signs are allowed.
g.
Clearing. Clearing of natural vegetation shall be limited to
that which is necessary for the construction, operation and maintenance
of the wind-energy system and as otherwise prescribed by applicable
laws, regulations, and ordinances.
h.
Signal interference. Efforts shall be made to site small wind-energy
systems to reduce the likelihood of blocking or reflecting television
and other communication signals. If signal interference occurs, both
the small wind-energy system owner and individual receiving interference
shall make reasonable efforts to resolve the problem. No small wind-energy
system shall cause permanent and material interference with television
or other communication signals.
4.
Conditional use permits. Wind-energy systems are a conditional
use in any district. The City will apply § 66.0401, Wis.
Stats., and PSC Chapter 128 of the Wisconsin Administrative Code,
as amended, in the evaluation of such requests.
a.
No restriction shall be placed, either directly or in effect,
on the installation or use of a wind-energy system, unless the restriction
satisfies one of the following conditions:
5.
To the extent not inconsistent with state law, the procedures for consideration of conditional uses set forth in § 10-171 shall be followed.
6.
Conditional use permit application requirements. Conditional
use applications for a small wind-energy system shall include the
following information:
a.
Wind-energy system description and maps showing the locations
of all proposed wind-energy facilities.
b.
Technical description of wind turbines and wind turbine sites.
c.
Timeline and process for constructing the wind-energy system.
d.
Information regarding anticipated impact of the wind-energy
system on local infrastructure.
e.
Information regarding noise anticipated to be attributable to
the wind-energy system.
f.
Information regarding shadow flicker anticipated to be attributable
to the wind-energy system.
g.
Information regarding the anticipated effects of the wind-energy
system on existing land uses on parcels adjacent to within 1/2 mile
of the wind-energy system.
h.
Information regarding the anticipated effects of the wind-energy
system on airports and airspace.
i.
Information regarding the anticipated effects of the wind-energy
system on line-of-sight communications.
j.
A list of all state and federal permits required to construct
and operate the wind-energy system.
k.
Information regarding the planned use and modification of roads
within the political subdivision during the construction, operation,
and decommissioning of the wind-energy system, including a process
for assessing road damage caused by wind-energy system activities
and for conducting road repairs at the owner's expense.
l.
A copy of all emergency plans developed in collaboration with
fire, police and other appropriate first responders serving the small
wind-energy system. An owner may file plans using confidential filing
procedures as necessary.
m.
A decommissioning and site restoration plan providing reasonable
assurances that the owner will be able to comply with Subsection (18)(b)7,
below.
n.
Any other information necessary to understand the construction,
operation or decommissioning of the proposed wind-energy system.
7.
Abandonment and decommissioning.
a.
The owner of a wind-energy system shall decommission and remove
the wind-energy system when the system is at the end of its useful
life. A wind-energy system is presumed to be at the end of its useful
life if the wind-energy system generates no electricity for a continuous
540-day period.
b.
When decommissioning is required, the owner shall begin decommissioning
with 360 days after the wind-energy system has reached the end of
its useful life. The owner shall complete decommissioning and removal
of the wind-energy system within 540 days after the wind-energy system
has reached the end of its useful life.
c.
At such time that a wind-energy system is scheduled to be abandoned
or discontinue operation, the applicant will notify the Zoning Administrator
by certified United States Mail of the proposed date of abandonment
or discontinuance of operation.
d.
In the event that an applicant fails to give such notice, the
system shall be considered to have reached the end of its useful life
if the system is out of service for a continuous period of 540 days.
After the 540 days of inoperability, the Zoning Administrator may
issue a notice of abandonment to the owner of the wind-energy system.
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date. The Zoning Administrator
shall withdraw such notice if the owner provides information that
demonstrates the wind-energy system has not been abandoned or has
not reached the end of its useful life.
e.
If the owner fails to respond to the notice of abandonment or
if after review by the Zoning Administrator it is determined that
the wind-energy system has reached the end of its useful life, the
owner of the wind-energy system shall decommission the wind turbine,
tower and related above-grade structures at the owner's expense. After
receipt of the notice of abandonment, the owner is subject to the
requirements of Subsection (18)(b)7b, above. If the owner fails to
physically remove the wind-energy system after the notice of abandonment
procedure, the City or its designee shall have the authority to enter
the subject property and physically remove the wind-energy system
at the owner's expense.
i.
"Decommission" shall mean the removal of all of the following:
the aboveground portion of a wind-energy system, including wind turbines
and related facilities, except for access roads if removal has been
waived by the property owner; and all below-ground facilities except
underground collector circuit facilities and those portions of concrete
structure four feet or more below grade.
f.
An owner shall file a notice of decommissioning completion with
the City and the Public Service Commission when a wind-energy system
approved by the City has been decommissioned and removed. Within 360
days of receiving a notice of decommissioning, the City shall determine
whether the owner has satisfied the requirements of this subsection.
8.
Violation. It is unlawful for any person to construct, install,
or operate a wind-energy system that is not in compliance with this
chapter or with any condition contained in the conditional use site
plan review issued pursuant to this chapter.
9.
Penalties. Any person who fails to comply with any provisions of this chapter, conditional use permit or building permit issued pursuant to this chapter shall be subject to enforcement and penalties as allowed by this chapter and Section 20.04 of the City of Shawano Code of Ordinances.
10.
Waiver provisions. During the conditional use process, the Common
Council may waive any portion of this chapter in such cases where,
in the opinion of the Plan Commission, strict conformity would pose
an unnecessary hardship to the applicant and a waiver would not be
contrary to the spirit and intent of this chapter.
(19)
Small solar-energy system.
(a)
An energy system which converts solar energy to usable thermal,
mechanical, chemical, or electrical energy.
(b)
Regulations:
1.
Solar-energy systems (rooftop, building-mounted, and freestanding)
are permitted as conditional uses in all zoning districts as accessory
structures.
2.
Freestanding solar-energy systems shall comply with the requirements
for accessory structures. Rooftop and building-mounted solar-energy
systems shall comply with the height limits and setbacks for primary
structures.
3.
See Article II for specific bulk, density, and intensity requirements for accessory structures in each district.
4.
No person in control of property shall allow a tree or shrub
to be placed or grow so as to cast a shadow between the hours of 9:00
a.m. and 3:00 p.m. Central daylight saving time, upon a solar collector
energy system capable of generating more than 1,000,000 British thermal
units per year, and which supplies a part of the energy requirements
for improvements on the property where the solar energy system is
permanently located. The provisions of this subsection shall not require
the removal of existing vegetation.
5.
The requirements of Wisconsin Statutes, including but not limited
to §§ 66.0401 and 66.0403, Wis. Stats., shall apply
to all solar-energy systems.
6.
Solar-energy systems are a conditional use in any district.
The City will apply § 66.0401, Wis. Stats., and Section
66.0403 of the Wisconsin Administrative Code, as amended, in the evaluation
of such requests.
a.
No restriction shall be placed, either directly or in effect,
on the installation or use of a solar-energy system, unless the restriction
satisfies one of the following conditions:
All of the following temporary uses shall comply with § 10-172, standards and procedures applicable to all temporary uses, except as otherwise exempted in this chapter.
(1)
Temporary farm product sales.
(a)
This land use includes the temporary outdoor display and sales
of farm products, typically from a roadside stand.
(2)
Temporary outdoor sales.
(a)
Includes the display of any items outside the confines of a
building, which is not otherwise permitted as a permitted or conditional
use, or a special event otherwise regulated by the Municipal Code.
Examples of this land use include, but are not limited to, sidewalk
sales, seasonal garden shops, tent sales, Christmas tree sales, fireworks
sales, and bratwurst stands.
(3)
Temporary outdoor assembly.
(a)
Includes any organized outdoor assembly of more than 200 persons,
such as an outdoor weddings, wedding receptions, or tent meetings.
(b)
Regulations:
1.
Activities shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
2.
If the subject property is located adjacent to a residentially
zoned property, activities shall be limited to daylight hours.
3.
Adequate provisions for crowd control shall be made, and shall
be described within the temporary use application.
4.
Adequate parking, drinking water, and toilet facilities shall
be provided, and shall be described in the temporary use application.
(4)
Temporary shelter structure.
(a)
These shelters are typically supported by poles, have a fabric
or plastic roof and/or sides, and may be used for short-term temporary
storage of vehicles and other personal property. This does not include
camping tents or permanent residential accessory structures.
(b)
Regulations:
1.
Temporary shelter structures to be placed for extended use (i.e.,
beyond seven days), shall require a conditional use permit.
2.
Temporary shelter structures in place for more than seven consecutive days without approval of a conditional use permit and which do not meet the standards of Chapter 12 of the City of Shawano Municipal Code, including but not limited to those temporary shelter structures to cover automobiles, boats, recreational vehicles, or firewood, are in violation of this chapter and shall be subject to the provisions of § 10-181.
3.
Temporary structures used for Subsections (1) and (2) above
will not be subject to the seven-day limitation or conditional use
permit requirement as long as they are not erected and in use more
than six months in a calendar year.
(5)
Temporary storage container.
(a)
These containers are portable storage containers designed and
used primarily for the temporary storage of household goods and other
such materials for use on a limited basis on residential property.
(b)
Regulations:
1.
The container shall not exceed outside dimensions of 16 feet
in length, eight feet in width, and nine feet in height.
2.
The container shall be permitted on the property for up to 14
days associated with each change of occupancy as defined by a recorded
change in property ownership or valid lease.
3.
The container cannot encroach on the public right-of-way, neighboring
property, sidewalk, or be placed in the street.
4.
The container must be placed on asphalt, concrete, gravel, or
other hard-paved surface.
(6)
Temporary on-site construction storage.
(a)
Includes any structure or outdoor storage area designed for
the on-site storage of construction equipment and/or materials for
an active construction project.
(b)
Regulations:
1.
The structure shall be removed within 10 days of issuance of
an occupancy permit.
2.
Projects requiring the structure to be in place for more than
365 days shall require a conditional use permit.
3.
The structure shall be limited to a maximum area not exceeding
10% of the property's gross site area.
(7)
Temporary contractor's project office.
(a)
Includes any structure containing an on-site construction management
office for an active construction project.
(b)
Regulations:
1.
The structure shall not exceed 2,000 square feet in gross floor
area.
2.
The structure shall be removed within 10 days of issuance of
an occupancy permit.
3.
Shall not be used for sales activity.
4.
Projects requiring the land use to be in place for more than
365 days shall require a conditional use permit.
(8)
Temporary on-site real estate sales office.
(a)
Includes any building which serves as an on-site sales office
for a development project.
(b)
Regulations:
1.
The structure shall not exceed 5,000 square feet in gross floor
area.
2.
The structure shall be removed or converted to a permitted land
use within 10 days of the completion of sales activity.
3.
Projects requiring the land use to be in place for more than
365 days shall require a conditional use permit.
(9)
Temporary relocatable building.
(a)
Includes any manufactured building which serves as a temporary
building for less than six months.
(10)
Temporary vehicle sales.
(a)
Includes the sale of personal vehicles and equipment on trailers
such as ATVs, snowmobiles, motorcycles, horse trailers, campers, etc.
(b)
Regulations:
1.
No more than one vehicle or trailer shall be for sale on any
property at any given time.
2.
Vehicles or trailers for sale must be licensed.
4.
Vehicles or trailers for sale must be parked in a legal parking
space or a residential driveway. Vehicles or trailers for sale shall
not be parked on a lawn or other landscaped area.
