Port Washington - Land Uses

Accessory building, non-residential

An accessory building intended to house motor vehicles, yard equipment, and/or items related to the principal use of the premises. The term includes detached garages, storage sheds, gazebos, greenhouses, and the like.

Temporary note: Description from consultant

Supplemental Standards:
(A) Number and floor area. The number of non-residential accessory buildings and the floor area must comply with standards in Appendix C.
(B) Exterior materials. Exterior materials for a non-residential accessory building with a floor area of more than 192 square feet (but not greenhouses) must be the same as, substantially the same as, or complement those materials used on the principal building.
(C) Prohibition on specific materials. Soft-sided structures and canopies are specifically prohibited, except a greenhouse may be covered with exterior materials typically used for greenhouses.
(D) Rooflines. The roof lines of a non-residential accessory building with a floor area of more than 192 square feet (but not greenhouses) must match the roof lines of the principal building to the greatest practical extent.
(E) Plumbing fixtures. Plumbing in a non-residential accessory building is prohibited.

Temporary note: Provisions from consultant

Accessory building, residential

A detached building customarily found with a residential use as an accessory use. The term includes greenhouses (noncommercial), detached garages, sheds, gazebos, pool cabanas, and the like.

Temporary note: Description from consultant

Supplemental Standards:
(A) Number and floor area. The number of residential accessory buildings and the floor area must comply with standards in Appendix C.
(B) Location. A residential accessory building is only allowed in the side and rear yards.
(C) Exterior materials. Exterior materials for a residential accessory building with a floor area of more than 192 square feet (but not greenhouses) must be the same as, substantially the same as, or complement those materials used on the principal building.
(D) Prohibition on specific materials. Soft-sided structures and canopies are specifically prohibited, except a greenhouse may be covered with exterior materials typically used for greenhouses.
(E) Rooflines. The roof lines of a residential accessory building with a floor area of more than 192 square feet (but not greenhouses) must match the roof lines of the principal building to the greatest practical extent.
(F) Plumbing fixtures. A residential accessory building may include a single compartment bar sink and a half bath (e.g., sink and toilet). A pool house may include a stand-up shower provided access to the shower is via an exterior door. OR Plumbing in residential accessory buildings is prohibited.

Accessory dwelling unit (ADU)

A dwelling unit that is located on the same lot as a principal residential building to which it is accessory, and that is subordinate in area to the principal dwelling. The term does not include in-family suite which is a different housing option.

Temporary note: Description from consultant and staff

Vehicle Parking:
1 space

Supplemental Standards:
(A) Timing. An accessory dwelling unit is considered an accessory use and is therefore only allowed when there is a single-family dwelling on the subject property or one is under construction.
(B) Sale of property and tax parcel number. The accessory dwelling unit must be in the same ownership as the principal single-family dwelling on the same lot and the accessory dwelling unit may not be sold separately or otherwise conveyed separate from the principal single-family dwelling. A separate tax key number must not be assigned to an accessory dwelling unit.
(C) Occupancy. Either the principal single-family dwelling or the accessory dwelling unit must be owner-occupied and serve as the property owner's primary residence.
(D) Maximum occupancy. Occupancy of an accessory dwelling unit is limited to one family and not more than one other unrelated person or not more than two unrelated persons.
(E) Subleasing. Subleasing of the accessory dwelling unit is prohibited.
(F) Parking. While additional parking is not required, any parking arrangements must be noted on the approved site plan. Onsite parking may not encroach into a public way, including alleys.
(G) Location. A detached accessory dwelling unit is only allowed in the rear yard. For corner lots, the accessory dwelling unit must meet the required side street setbacks.
(H) Offsets. A detached accessory dwelling unit must comply with the minimum offsets for principal buildings for the base zoning district where the subject property is located, except when located in a Planned Development overlay. (need to clarify intent of PDD exception)
(I) Minimum separation between other buildings. The minimum setback between all buildings is 10 feet, if applicable.
(J) Maximum floor area. An accessory dwelling unit that is either attached at the ground floor of the primary dwelling unit or is a detached or stand-alone accessory dwelling unit may not exceed 600 square feet in size. Accessory dwelling units within the interior of the primary dwelling unit or occupying the upper portion of a detached garage may not exceed 768 square feet in size. Accessory dwelling units at the ground level with a detached garage may, together with the total area of the detached garage, not exceed 960 square feet, total.
(K) Height. The maximum height of an accessory dwelling unit shall not the height of the principal residence but in no event shall the ADU be more than one story or one story with a loft space. This height requirement does not apply to accessory dwelling units located within the interior of the primary dwelling unit.
(L) Exterior building materials. Exterior building materials must be durable and economically maintained and of a high quality that will retain their appearance over time such as fiber-cement siding, wood lap siding, brick, stone, architectural pre-cast concrete, Architectural Panelized Wall Systems, or such other materials as may be approved by the reviewing authority. Aluminum siding and EIFS are not allowed. (need to get definition and/or photo of architectural panelized wall systems)
(M) Facades. The facade of a detached accessory dwelling unit facing a public way a streets or alley must have (two or more) openings (i.e., window units and doors). or at least one window assembly or door.
(N) Water meter and service connection. A new separate water meter and service connection to the public water main is not required for accessory dwelling units, unless requested and paid for by the property owner. The new separate water meter service must be connected directly to the public water main.
(O) Deed restriction required. Prior to issuance of a building permit, the property owner must record a deed restriction, as approved by the zoning administrator that (1) prohibits the sale of the accessory dwelling unit separate from the single-family dwelling; (2) acknowledges that either the principal unit or the accessory dwelling unit must be owner-occupied and serve as owner’s primary residence; and (3) acknowledges that the accessory dwelling unit will comply with maximum occupancy requirements.

Temporary note: These provisions are currently under consideration. Minor edits were made to ensure compatibility in drafting with remainder of the proposed code.

Administrative government center

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

Adult-oriented establishment

A place where no more than one of the following are located: adult arcade, adult bath house, adult body painting studio, adult book/video store, adult cabaret, adult massage parlor, adult modeling studio, adult theater, or adult health/sport club.

Temporary note: Description from consultant. Need to reconcile with City's current code.

Supplemental Standards:
(A) Legislative findings. The Common Council makes the following legislative findings regarding adult-oriented establishments:
(1) Negative secondary effects associated with adult, sexually-oriented establishments have been confirmed by the United States Supreme Court in its decisions in, for example, City of Renton v. Playtime Theatres, Inc. (475 U.S. 41 (1986)) and by the United States Court of Appeals in its decisions in, for example, Hang On, Inc. v. City of Arlington (65 F.3d 1248 (5th Cir., 1995)), Fantasy Ranch v. City of Arlington Texas (459 F.3d 546 (5th Circuit, 2006)), and Andy's Restaurant & Lounge, Inc. v. City of Gary (466 F.3d 550 (7th Cir., 2006)) and such negative secondary effects include, for example, personal and property crimes, prostitution, lewd behavior, assault, public indecency, obscenity, illicit drug use and drug trafficking, potential spread of disease, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.
(2) The decisions issued by the appellate courts constitute reliable sources of information that may be reasonably relied upon by the Common Council.
(3) Each of the foregoing negative secondary effects constitutes a harm that the City has a substantial governmental interest in preventing and/or abating.
(4) Continued regulation of adult-oriented establishments is necessary to limit the aforementioned negative secondary effects associated with adult-oriented establishments and thereby promote the health, safety, and welfare of the City of Port Washington.
(5) The Common Council intends to establish reasonable regulations on adult-oriented establishments, while preserving free speech pursuant to the First Amendment to the United States Constitution and Article I, Section 3 of the Wisconsin Constitution.
(B) Purpose. This part is intended to regulate adult-oriented establishments in order to promote the health, safety, and general welfare of citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult-oriented establishments within the City. The provisions of this part have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is neither the intent nor effect of this part to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment of the United States Constitution, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this part to condone or legitimize the distribution of obscene material.
(C) Applicability. Upon any of the following events, an adult-oriented establishment must comply with the provisions of this part:
(1) the opening or commencement of an adult-oriented establishment;
(2) the conversion of an existing business, whether or not an adult-oriented establishment, to an adult-oriented establishment;
(3) the addition of a new adult-oriented establishment to an existing adult-oriented establishment;
(4) the relocation of an adult-oriented establishment;
(5) the sale, lease, or sublease of an adult-oriented establishment;
(6) the transfer of securities which constitute a controlling interest in an adult-oriented establishment, whether by sale, exchange, or similar means; or
(7) the establishment of a trust, gift, or other similar legal device that transfers the ownership or control of an adult-oriented establishment, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(D) Exclusions. The provisions of this part do not apply to the following:
(1) Any business operated by or employing a licensed psychologist, licensed physical therapist, licensed masseuse, licensed vocational nurse, registered nurse, licensed athletic trainer, licensed cosmetologist, or licensed barber provided such licensed individual is only engaged in performing the normal and customary functions authorized under the license held;
(2) Any business operated by, or employing a licensed physician or licensed chiropractor while engaged in practicing the healing arts;
(3) Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and that does not exhibit merchandise on live model(s); or
(4) An activity sponsored by a school licensed by the State of Wisconsin or a college, junior college or university supported entirely or partly by taxation; or a private college or university that maintains or operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
Any activity conducted or sponsored by an entity identified in subsection (4) above must meet all of the following requirements:
(1) The activity must be situated in a structure that has no sign or other advertising visible from the exterior of the structure indicating a nude person is available for viewing; and
(2) All students participating in the class must be enrolled at least 3 days in advance of the class; and
(3) Not more than one (1) nude model is on the premises at any one time.
(E) Proximity to same use. An adult-oriented establishment may not be located within 500 feet of another adult-oriented establishment.
(F) Proximity to other specified land uses. An adult-oriented establishment may not be located within 500 feet of any of the following:
(1) the boundary of a residential district;
(2) public library;
(3) public playground or park, including nature trails, pedestrian/bicycle paths, or other public lands open for recreational activities;
(4) educational facility, including K-12, but not including facilities used primarily for another purpose and used only incidentally at a school;
(5) state licensed family day care home, group day care home, or day care center;
(6) worship facility;
(7) any youth-oriented establishment;
(8) tavern; or
(9) any commercial business, other than a tavern, holding a valid alcohol license.
If one of these specified uses locates within this area of separation after the adult-oriented establishment has been granted a building permit or occupancy permit, the adult-oriented establishment shall not be required to relocate. This provision only applies to a renewal of a valid permit or other license. It does not apply when a license or permit expires or when the City terminates this use due to a violation of this chapter.
(G) Measurement of distances. For the purpose of this part, specified distances are measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure containing the adult-oriented establishment, to the nearest lot line of the parcel with the specified use or to the specified zoning district. If an adult-oriented establishment is located on the first floor of a multi-tenant building (e.g., shopping center), the measurement is taken from the outer boundary of such space (i.e. from the outer edge of the party wall or the outer wall). If an adult-oriented establishment is located above the first floor of a multi-tenant building (e.g., shopping center), the measurement is taken from the exterior door on the first floor that is nearest to the adult-oriented establishment, excluding emergency exists. The presence of a city, county, or other political subdivision boundary is irrelevant for purposes of applying the separation requirements of this part.
(H) Licensing. Adult-oriented establishments must comply with any licensing requirements established by the City of Port Washington.

Temporary note: The above provisions are from the consultant - need to reconcile with city code.

Amateur radio and/or citizens band antenna

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

Supplemental Standards:
(A) Legislative findings. The Common Council makes the following legislative findings regarding amateur radio and/or citizens band antennas:
(1) The placement of amateur radio antennas and support structure of unregulated height and type could have a negative impact on surrounding properties and especially on the smallest of lots allowed in the City.
(2) Pursuant to § 59.69 (4f), Wis. Stats., the regulations in this part constitute the least restrictive measures needed to promote community aesthetics, public health, and safety while allowing amateur radio communications.
(B) Number. Antennas may be placed on no more than 2 support structures, such as a tower or on top of a building.
(C) Type of tower. An antenna may be placed on a monopole or lattice tower.
(D) Anti-climbing measures required. If a tower is used to support the antenna, the tower must have anti‑climbing measures to prevent unauthorized climbing.
(E) Placement. An antenna may not be located in a front yard.
(F) Setback requirements. The center of the antenna may not be closer than 110 percent of the total height of the antenna to a lot line and overhead electric lines.

Temporary note: Provisions from consultant

Amateur radio tower (renamed)

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

Temporary note: Description from consultant

Supplemental Standards:
(A) Legislative findings. The standards in this part are intended to recognize and accommodate the federal and state declared interest in promoting and preserving amateur radio operations while protecting the legitimate interests of the general public including: (1) minimizing the unnecessary detriment to the aesthetic quality of the City and its landscape; (2) preserving the character of various neighborhoods within the City; (3) preserving the values of properties within the City; (4) providing for adequate review of designs and installation of facilities that may pose substantial risk of collapse if improperly designed, installed, or maintained; (5) protecting the owner and operator of an amateur radio antenna and neighboring property owners and the public in general from unreasonable risks of injury or property damage from the collapse of a communications tower or communications antenna or from electrical charges generated or conducted by such facilities; and (6) assuring that all amateur radio operators have a reasonable opportunity to construct and maintain the equipment and facilities necessary to effectively participate in amateur radio operations.
(B) FCC compliance. The amateur radio tower and the operation of the amateur radio service using such antenna must at all times be maintained in compliance with the applicable regulations and permit conditions issued by the Federal Communications Commission (FCC).
(C) Number. Not more than one support structure is allowed.
(D) Height. The antenna may not exceed 70 feet in height above grade measured at the center point of the highest part of the antenna or mast. An amateur radio tower and its antenna exceeding 70 feet in height above grade measured at the center point of the highest part of the antenna or mast will be reviewed as a conditional use.
(E) Location. An amateur radio tower, including its antenna and support structure, that is designed, engineered, and constructed to fall within the boundaries of the parcel upon which it is sited, including those attached to the principal building, must comply with the side yard and rear yard setbacks for the zoning district within which it is located. All other amateur radio towers, including associated antenna and support structures, must be setback a distance equal to 100 percent of its total height from (1) any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road; (2) any overhead utility lines, unless written permission is granted by the affected utility; and (3) any property lines, unless written permission is granted from the affected landowner. The amateur radio tower, including its antenna and support structure, must be located within the rear yard or secondary street yard on a double-frontage lot and may not be located within any required setback.
(F) Ground equipment. Ground mounted electrical and control equipment must be labeled or secured to prevent unauthorized access.
(G) Wiring. All electrical wires associated with the amateur radio tower and its antenna and support structure must be located underground.
(H) Anti-climbing. Anti-climbing measures must be incorporated into the amateur radio tower and its antenna and support structure as needed, to reduce potential for trespass and injury.
(I) Lighting. The amateur radio tower and its antenna and support structure may not be artificially lighted unless the lighting is required by the Federal Aviation Administration.
(J) Appearance, color, and finish. The amateur radio tower and its antenna and support structure must remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit. The support structure must comply with the same requirements as accessory structures in the zoning district. (verify)
(K) Waiver of standards. Upon petition, the zoning administrator may waive the height and location requirements in this part if effective communications cannot be obtained due to compliance with these standards. Such determination must be based on a report from a licensed professional engineer familiar with amateur radio operations, or an Extra Class licensed amateur radio operator, other than the owner, that effective communications cannot be obtained by facilities in compliance with the standards. The zoning administrator must keep a record of all such waiver requests.

Temporary note: Provisions from consultant - verify with city code

Animal shelter (new)

A place where stray or unwanted cats and dogs are temporarily housed.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 450 square feet of floor area

Supplemental Standards:
(A) Building. A building used to house animals must be designed, constructed, and operated so that noise from the animals inside the building is not audible beyond the lot lines of the parcel of land on which it is located.
(B) Location. A building used to house animals must be at least 100 feet from a residential zoning district or a planned development district that allows residential uses.
(C) Outdoor areas. If allowed in an industrial zoning district, an animal shelter may have a fenced exercise area/dog runs provided (1) such areas are more than 350 feet from a property in a residential zoning district or a planned development district that allows residential uses, (2) animals are kept indoors from sunset to 8:00 am; and (3) noise levels comply with Chapter __ of the municipal code.

Temporary note: provisions from consultant

Apartment (485-10)

A suite of rooms or a room in a multiple dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals.

Apartment house (485-10)

See "dwelling, multiple."

Artisan shop (new)

A place where handmade craft items or works of art are made on a small-scale and offered for retail sale. Examples of such items include paintings, textiles, weaving, photography, sculptures, pottery, leather products, handmade paper, jewelry, hand-blown glass, small furniture and other similar wooden items, candles, soaps, and lotions.

Temporary note: Description from consultant

Assisted living center (new)

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

Temporary note: Description from consultant

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

Supplemental Standards:
(A) Street access. The primary access for this use must be off of a major street as depicted on the City's zoning map.
(B) Required green space. If this use is not located in a commercial zoning district, at least 30 percent of the parcel must be landscaped (e.g., lawn, plantings, etc.).
(C) Setbacks. Principal buildings must be located at least 35 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Temporary note: Provisions from consultant

Backyard chickens

A place where chickens are kept for the use and enjoyment of those living on the premises.

Temporary note: Description from consultant

Supplemental Standards:
(A) Number. No more than four chickens may be kept.
(B) Roosters. The keeping of roosters and crowing hens is prohibited.
(C) Enclosure requirements. Chickens must be kept in a chicken coop which consists of an open-air pen with (at least 7 cubic feet for each chicken) and an enclosure with roosting boxes (at least 3 square feet for each chicken).
(D) Size restrictions. A chicken coop may not exceed 100 square feet and 6 feet in height as measured from the surrounding grade to the highest point.
(E) Location. A chicken coop may not be located in the street yard or primary street yard on a corner lot or double frontage lot. A chicken coop must be located at least 25 feet from any residential building on an adjacent lot and at least 15 feet from any side or rear lot line. Further, a chicken coop may not obstruct an existing drainage course or create a drainage problem for the property on which it is situated or for any neighboring property.
(F) Level of care. Chickens must be kept in a sanitary condition and have fresh water and adequate amounts of food at all times. Chickens must be secured within a chicken coop at all times.
(G) Predators. The chicken coop must be a predator-proof and rodent-resistant.
(H) Slaughter of chickens. Chickens raised and kept on the subject property for food shall not be slaughtered in view of adjoining properties. (Yes/no ?)
(I) Sale of eggs. Eggs laid by the chickens may be sold on site, provided all applicable rules and regulations are met. For the purposes of the City's zoning regulations, such sales are not considered a commercial use or a home occupation.
(J) DATCP registration. The property owner must register the premise where chickens are kept with the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) as required by state law and maintain registration for so long as may be required.
(K) Waste management. Chicken waste must be properly disposed of in a timely manner.

Temporary note: Provisions to be verified with current code

Banquet hall

An establishment that consists of an enclosed building, or portion of an enclosed building, regularly available for the purpose of hosting group gatherings, seminars, business events, weddings, or other similar activity or events. The facility may have a kitchen for food preparation and a bar for serving alcohol. By definition this use is generally not open for regular food or beverage service.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 350 square feet of floor area devoted to patron service, whichever is greater; plus 1 for each employee on the largest work shift

Supplemental Standards:
(A) Alcohol license. If alcohol is served, all appropriate licensing requirements must be met.^[1]
(B) Location of customer entrance. A customer entrance to a banquet hall that is located on the side or rear of the building may not be located within 50 feet of a parcel in a residential zoning district or planned development district that allows residential uses as the predominant land use.
___________________________________
[1] The City can only issue a certain number of alcohol licenses. Please contact the City Clerk to determine if there are any available.

Temporary note: Provisions from consultant

Advisory notes:
1. The building with this use must have sprinklers if the capacity exceeds 99. (Consultant to verify wording)
2. If this use includes a cooktop, a hood suppression may be required. (Consultant to verify wording)

Battery energy storage system (new)

A facility designed to store and distribute electrical energy using a network of rechargeable batteries which are connected to the electrical grid, renewable energy sources, or other power generation facilities.
Note: Battery energy storage systems may serve multiple purposes, including providing backup power during periods of high demand or grid instability, storing excess energy generated during off-peak hours for use during peak times, and integrating intermittent renewable energy sources into the grid by storing surplus energy for later use.

Temporary note: Description from consultant

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

Bicycle Parking:
Recommended - 7 percent of required vehicle parking spaces, but not less than 4

Merchandise Loading:
1 small berth required for 6,000 to 12,499 square feet; 2 small berths for 12,500 to 24,999 square feet; 1 large berth for 25,000 to 39,999 square feet; 2 large berths for 40,000 to 99,999 square feet; 2 large berths plus 1 large berth for each additional 80,000 square feet over 100,000 square feet for more than 100,000 square feet (see § 490-___ for more on size requirements for small and large berths)

Supplemental Standards:
(A) Coordination with utility services. Prior to issuance of a building permit, the property owner must provide documentation to the zoning administrator showing that the electric utility has the capacity and infrastructure to meet the needs of the facility.
(B) Reserved

Temporary note: Provisions from consultant

Bed and breakfast

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

Temporary note: Description from consultant - need to reconcile with city code

Vehicle Parking:
1 space per guest room

Supplemental Standards:
(A) State permit. Prior to the establishment of a bed and breakfast, the operator must obtain a permit from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain the license for the life of the use or until the department no longer requires the permit.^[1]
(B) Display of permit. The operator must display the current bed and breakfast permit in a conspicuous location inside the bed and breakfast.
(C) Accommodations tax. Prior to the establishment of a bed and breakfast, the operator must obtain any permit or license, as may be required by the City, for the purpose of collecting an accommodations tax as may be adopted by the City and/or any other purpose.
(D) Registry. The operator of the bed and breakfast must keep an accurate register showing the names of all guests. This registry must be kept on file for a period of one year and must be available for inspection by City officials at any time upon request.
(E) Compliance with applicable building codes. Prior to the establishment of a bed and breakfast or the expansion of an existing bed and breakfast, the building inspector must certify that the dwelling meets all applicable building code requirements.^[2]
(F) Type of dwelling. A bed and breakfast may only occur within a single-family dwelling.
(G) Exterior character of the dwelling unit. The exterior appearance of the building may not be altered from its single-family appearance.
(H) Residency requirement. The operator of a bed and breakfast must reside in the single-family dwelling during those times when one or more of the guest rooms are occupied (i.e., rented).
(I) Number of allowable guest rooms. The maximum number of guest rooms is 5. (A max of 5 is in the current code)
(J) Number of guests. The maximum number of overnight guests at any one time is 12.
(K) Food preparation. Food preparation and/or cooking in guest rooms is prohibited.
(L) Meals. Meals may only be offered to overnight guests.
(M) Maximum stay. The maximum stay for any guest is 14 consecutive days in any 30-day period.
___________________________________

[1] See subch. VII of ch. 254, Wis. Stats., and ch. DHS 197, Wis. Admin. Code
[2] Bed and breakfasts must comply with the residential building code requirements; the commercial building code does not apply because the dwelling is the operator's residence and the operator is residing in the residence when guests are present.

Temporary note: Provisions from consultant - need to reconcile with city code

Bee keeping

The keeping of bees for production of honey and pollination of plants.

Temporary note: Description from consultant

Supplemental Standards:
(A) Legislative intent. The keeping of honeybees in the City of Port Washington is consistent with the City's desire to foster sustainable urban agriculture while addressing issues related to public health, safety, and welfare.
(B) Densities. One beehive is allowed on a lot between 9,000 and 14,520 square feet. One additional beehive is allowed for each full half acre over 14,520 square feet. For example, a property with 1 acre (43,560 square feet) may have 2 beehives. A temporary beehive is allowed for no more than 4 weeks for hive separation or new swarm establishment purposes.
(C) Placement. Beehives are restricted to side and rear yards, and must be located at least 20 feet from all property boundary lines and 20 feet from a principal dwelling unit, patio, swimming pool/deck, swing set or other similar play structure, or gazebo on an abutting lot. The entrance to the beehive must face the interior of the lot.
(D) Flyaway barrier. When a beehive is situated closer than 25 feet to a property boundary line, a flyaway barrier must be established and maintained that is generally parallel to the property line. The flyaway barrier must be at least 5 feet in height and 6 feet in either direction. Such barrier may consist of a wall, a solid fence, dense vegetation, or combination thereof.
(E) Water. The property owner must provide a source of clean water specifically for the beehive.
(F) Behavior and swarming. Adequate space must be maintained in the beehive to prevent overcrowding and swarming. Colonies must be re-queened if colonies exhibit aggressive behavior. One (1) additional temporary beehive is allowed for hive separation or new swarm establishment purposes. Such temporary beehive must be removed from the property within 2 weeks.
(G) Compliance with state law. The property owner must comply with all laws relating to beekeeping as may be adopted by the state of Wisconsin, including § 94.76, Wis. Stats.
(H) Sale of honey. The property owner or tenant may sell honey and packaged honeycombs produced by the beehives on the property, provided all other applicable law are satisfied. For the purposes of the City's zoning regulations, the sale of honey is not considered a commercial use or a home occupation.
(I) Predators. The property owner must adequately protect the beehives from predators.

Temporary note: Provisions from consultant - to be verified with current code.

Birth center (new)

A facility performing low-risk deliveries that is not a health care center or clinic. Additional services provided may include prenatal care, parenting classes, and postpartum care.

Boardinghouse (485-10)

A building or premises where meals, or meals and lodging, are offered for compensation for five or more persons, but not more than 12 persons, and having no more than five sleeping rooms for this purpose. An establishment where meals are served for compensation for more than 12 persons shall be deemed a restaurant. An establishment with more than five sleeping rooms shall be deemed a hotel or motel. For purposes of this chapter, group homes shall be defined as boardinghouses.

Boathouse

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

Temporary note: Description from consultant

Boathouse (S-W 467-11)

As defined in § 30.01(1d), Wis. Stats., a structure with one or more walls or sides that has been used for one or more years for the storage of watercraft and associated materials, regardless of the current use of the structure.

Body art studio (new)

A commercial establishment primarily engaged in the application of tattoos; insertion of jewelry, or the like, into various parts of the body; and related skin care and hygiene practices.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 350 square feet of floor area

Bicycle Parking:
Recommended - 5 percent of the required number of parking spaces, but not less than 2

Supplemental Standards:
(A) State license for tattooing. Prior to the establishment of a body art studio that offers tattooing, the operator must obtain a license from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain the license for the life of the use or until the department no longer requires the license.^[1] In addition, each practitioner must obtain a license from the department as required by state law and maintain the license while at the establishment or until the department no longer requires the license.^[2]
(B) State license for body piercing. Prior to the establishment of a body art studio that offers body-piercing, the operator must obtain a license from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain the license for the life of the use or until the department no longer requires the license.^[3] In addition, each practitioner must obtain a license from the department as required by state law and maintain the license while at the establishment or until the state no longer requires the license.^[4]
(C) Proximity to same use. A body art studio may not be located within 600 feet of another body art studio. For the purpose of this part, the distance is measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building containing the body art studio to the outer wall of the building containing the other land use. If one or both of the specified land uses are located in a multi-tenant building (e.g., shopping center), the measurement is taken from the outer boundary of such space (i.e. from the outer edge of the party wall or the outer wall). The presence of a village, city, county, or other political subdivision boundary is irrelevant for purposes of applying the separation requirements in this part.
(D) Building standards. A patron who is being tattooed or pierced must not be visible from the exterior of the building through any window or entrance to the building.
(E) Alcohol prohibited. A body art studio may not also sell, distribute, or allow consumption of alcohol on the premises.
___________________________________
[1] See § 252.23, Wis. Stats.
[2] See § 252.23, Wis. Stats.
[3] See § 252.24, Wis. Stats.
[4] See § 252.24, Wis. Stats.

Temporary note: Provisions from consultant

Bulk propane storage facility

An industrial facility designed to store large volumes of propane which is then transported to customers to fill smaller tanks.

Temporary note: Description from consultant

Bus storage facility

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

Temporary note: Description from consultant

Business incubator (new)

A place where multiple start-up companies can operate within a single building for a defined period of time not exceeding two years. While each of the participating companies may have their own defined space, a business incubator will often have office space for the operator and common areas for the start-up companies including conference rooms, co-work areas, an employee lounge, copying and computer services, 3D printers, light machinery, and the like. In addition to a physical space, a business incubator provides access to business resources such as mentors, networking opportunities, training and educational programs, and other forms of material support. A business incubator can be operated by a university or other secondary school, governmental agency, non-profit organization, or private company.

Temporary note: Description from consultant

Cemetery

A place where human remains may be buried or interned. Accessory uses may include columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such area.

Temporary note: Description from consultant

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

Supplemental Standards:
(A) Minimum lot area. The minimum lot area for a cemetery is 10 acres without a public mausoleum or 20 acres with a public mausoleum.^[1]
(B) Location of burial plots. Burial plots may not be located within 20 feet of a property boundary line or a proposed right-of-way so designated on the City's official map, in a designated floodplain, or in a wetland area; nor shall internment occur below the groundwater table.
(C) Location of mausoleums. Private mausoleums must be located at least 20 feet from a property boundary line. Public mausoleums must comply with the building setback standards for principal buildings for the zoning district in which the use is located.
(D) Marker required. A permanent marker stating the name of the deceased and the birth and death dates, if known, must identify the location of each occupied burial plot unless the zoning administrator allows an unmarked grave due to exceptional circumstances.
(E) Name required. The cemetery must have a formal name, which is placed on a permanent sign located by the main entrance to the cemetery.
(F) Financial guarantee. Prior to the establishment a cemetery, the property owner must submit a financial guarantee to the City pursuant to the requirements in Article 4 consistent with any requirement the Common Council may adopt. This financial guarantee relates to the long-term upkeep of the cemetery.
(G) Compliance with state law. A cemetery must comply with all requirements in subch. II of ch. 157, Wis. Stats.
________________________________________________________
[1] See § 157.129, Wis. Stats.

Temporary note: From consultant

Commercial greenhouse

A place where fruit, vegetables, flowers, and other types of plants are grown within an enclosed building for commercial purposes, whether using sunlight or artificial lighting. Plants grown on site may be sold at retail along with other related merchandise provided the sale of such merchandise is clearly subordinate to the sale of plants.

Temporary note: Description is from consultant

Commercial kennel

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

Temporary note: Description from consultant

Commercial stable

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

Temporary note: Description from consultant

Supplemental Standards:
(A) Minimum lot area. The minimum lot area for a commercial stable is 20 acres.
(B) Not in a subdivision. The parcel with this use may not be located in a platted subdivision.
(C) Number of animals. The number of livestock is based on the lot area as follows: 1 head for the first 3 acres and 1 head for each additional acre over 3.
(D) Buildings. Nonresidential buildings and other structures related to a commercial stable, such as barns, stables, riding arenas, and sheds, are allowed subject to compliance with all other requirements of the zoning regulations.
(E) Location of buildings. A building that houses livestock must be located at least 100 feet from any lot line of any adjoining lot in a district permitting a residential use.
(F) Manure management plan. The property owner must submit a manure management plan to the Plan Commission for review and obtain approval of the same.
(G) Special events. Special events related to a commercial stable, such as horse shows, exhibitions, and contests, may be allowed if otherwise permitted by the City.

Temporary note: Provisions from consultant

Commercial-grade backup generator (new)

A power generation device designed to provide electricity to a business during periods of power outage or when the main power supply is unavailable. It serves as a secondary source of electrical power, often fueled by diesel, natural gas, propane, or gasoline, and is typically installed to ensure continuity of essential services or operations during emergencies.

Temporary note: Description from consultant

Common area amenity

A building or other structure located within an outlot of a residential subdivision as approved by the City as part of the land division process or within a multi-family development project as approved by the City as part of the site plan process. Examples of such common amenities include clubhouse, picnic shelter, equestrian facility, and swimming pool and pool cabana.

Communications exchange (new)

An enclosed building where (1) phone calls are switched to and from major feeder lines, (2) internet service providers route internet traffic between their networks, or (3) some other form of electronic communication exchanges occur. The term does not include a telecommunication tower, antenna, or a base for business operations.

Temporary note: Description from consultant

Community center

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

Temporary note: Description from consultant

Community cultural facility

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

Temporary note: Description from consultant

Community garden (new)

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

Temporary note: Description from consultant

Bicycle Parking:
Recommended - 9 percent of required vehicle parking spaces, but not less than 4

Supplemental Standards:
(A) Accessory structures. The following structures/uses are generally permitted in community gardens subject to the review and approval of the Plan Commission through the site plan review process: tool sheds, shade pavilions, rest-room facilities with composting toilets, indoor work areas, benches, bicycle racks, raised/accessible planting beds, compost bins, picnic tables, and children’s play areas. All such structures/uses must comply with the building setback standards for principal buildings for the zoning district in which the use is located.
(B) Reserved

Temporary note: Provisions from consultant

________________________________________________________

Advisory notes:
1. As part of the due diligence process, soil tests should be done to identify any potential soil contaminants, including heavy metals and petroleum.

Community living arrangement, 8 or fewer residents (new)

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

Temporary note: Description from consultant

Vehicle Parking:
2 spaces

Supplemental Standards:
(A) State license. Prior to the establishment of a community living arrangement, the operator must obtain a license from the state as may be required by state law and maintain the license for the life of the use or until the state no longer requires the license.^[1]
(B) Occupancy. All residents of the adult family home, other than the operator or care provider and the operator or care provider’s immediate family, must be disabled persons as indicated in the required state license application.
(C) Proximity to same use. A community living arrangement may not be established within 2,500 feet of another such facility. An agent of a facility may apply for an exception to this requirement, and the Common Council at its discretion may grant the exception. Two community living arrangements may be adjacent if allowed by the Common Council and if both facilities comprise essential components of a single program.^[2] A foster home and a foster treatment home that is the primary domicile of a foster parent or foster treatment parent and that is licensed under § 48.62, Wis. Stats., are exempt from this requirement.
(D) Advisory committee. Prior to initial licensure of the community living arrangement by the state of Wisconsin, the applicant must make a good faith effort to establish an ad hoc advisory committee consisting of representatives from the community living arrangement, the neighborhood in which the proposed facility will be located, and a local unit of government, in accordance with § 48.68 (4), Wis. Stats., or § 50.03 (4)(g), Wis. Stats., as applicable.
___________________________________
[1] See subch. VII of chapter 254, Wis. Stats., and ch. DHS 197, Wis. Admin. Code
[2] See § 59.69 (15)(a), Wis. Stats

Advisory notes:
1. As set forth in state law, this use is allowed by right in all residential zoning districts.

Temporary note: Provisions from consultant

Community living arrangement, 9 to 15 residents (new)

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

Temporary note: Description from consultant

Vehicle Parking:
4 spaces

Bicycle Parking:
Recommendation - 2 spaces

Supplemental Standards:
(A) State license. Prior to the establishment of a community living arrangement, the operator must obtain a license from the state as may be required by state law and maintain the license for the life of the use or until the state no longer requires the license.^[1]
(B) Occupancy. All residents of the adult family home, other than the operator or care provider and the operator or care provider’s immediate family, must be disabled persons as indicated in the required state license application.
(C) Proximity to same use. A community living arrangement may not be established within 2,500 feet of another such facility. An agent of a facility may apply for an exception to this requirement, and the Common Council at its discretion may grant the exception. Two community living arrangements may be adjacent if allowed by the Common Council and if both facilities comprise essential components of a single program.^[2] A foster home and a foster treatment home that is the primary domicile of a foster parent or foster treatment parent and that is licensed under § 48.62, Wis. Stats., are exempt from this requirement.
(D) Advisory committee. Prior to initial licensure of the community living arrangement by the state of Wisconsin, the applicant must make a good faith effort to establish an ad hoc advisory committee consisting of representatives from the community living arrangement, the neighborhood in which the proposed facility will be located, and a local unit of government, in accordance with § 48.68 (4), Wis. Stats., or § 50.03 (4)(g), Wis. Stats., as applicable.
___________________________________
[1] See subch. VII of chapter 254, Wis. Stats., and ch. DHS 197, Wis. Admin. Code
[2] See § 59.69 (15)(a), Wis. Stats.

Advisory notes:
1. As set forth in state law, this use is allowed by right in all multi-family residential zoning districts and with conditional use approval in single-family and two-family zoning districts.

Community living arrangement, more than 15 residents (new)

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

Temporary note: Description from consultant

Vehicle Parking:
8 spaces

Bicycle Parking:
Recommendation - 4 spaces

Supplemental Standards:
(A) State license. Prior to the establishment of a community living arrangement, the operator must obtain a license from the state as may be required by state law and maintain the license for the life of the use or until the state no longer requires the license.^[1]
(B) Occupancy. All residents of the adult family home, other than the operator or care provider and the operator or care provider’s immediate family, must be disabled persons as indicated in the required state license application.
(C) Proximity to same use. A community living arrangement may not be established within 2,500 feet of another such facility. An agent of a facility may apply for an exception to this requirement, and the Common Council at its discretion may grant the exception. Two community living arrangements may be adjacent if allowed by the Common Council and if both facilities comprise essential components of a single program.^[2] A foster home and a foster treatment home that is the primary domicile of a foster parent or foster treatment parent and that is licensed under § 48.62, Wis. Stats., are exempt from this requirement.
(D) Advisory committee. Prior to initial licensure of the community living arrangement by the state of Wisconsin, the applicant must make a good faith effort to establish an ad hoc advisory committee consisting of representatives from the community living arrangement, the neighborhood in which the proposed facility will be located, and a local unit of government, in accordance with § 48.68 (4), Wis. Stats., or § 50.03 (4)(g), Wis. Stats., as applicable.
___________________________________
[1] See subch. VII of chapter 254, Wis. Stats., and ch. DHS 197, Wis. Admin. Code
[2] See § 59.69 (15)(a), Wis. Stats.

Advisory notes:
1. As set forth in state law, this use is allowed by right in all residential zoning districts with conditional use approval.

Composting facility (new)

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

Temporary note: Description from consultant

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

Supplemental Standards:
(A) Legislative intent. A composting facility, if not properly designed and operated, has the potential to cause negative impacts to the natural environment, including water resources, and be harmful to the safety and general welfare of the City and its citizens. This part is therefore intended to define basic requirements necessary to protect the public while providing waste alternatives and promoting sustainability within the community.
(B) Compliance with other requirements. In addition to meeting the requirements in this part, a composting facility must comply with all county, state, and federal regulations that may apply, including § NR 502.12, Wis. Admin. Code.
(C) Distance to specified features. A composting facility must not be located within 400 feet of a residential zoning district or a planned development district that allows residential uses, an educational facility, a worship facility, or any other place where the public congregates.
(D) Setbacks. All buildings, structures, and activity areas must be located at least 100 feet from the perimeter of the site.
(E) Location. No portion of a composting facility used for storing compostable materials or composted materials or processing of compostable materials may be located within an area determined to be within a 100-year floodplain.
(F) Maximum capacity. The reviewing authority may establish the maximum amount of compostable materials that may be stored and processed onsite. There is no limit on the amount of finished compost that may be stored.
(G) Buffer. The reviewing authority may require fencing and/or landscaping along the property boundary line deemed necessary to provide adequate screening between this use and adjoining properties.

Temporary note: Provisions from consultant

Conference - exposition center (new)

A place specifically designed for trade shows, conferences, and expositions, but does not include any rooms to house attendees.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 3 patrons at design capacity; plus 1 space for each employee at the largest work shift

Bicycle Parking:
Recommended - 5 percent of the required number of parking spaces

Merchandise Loading:
1 small berth required for 6,000 to 12,499 square feet; 2 small berths for 12,500 to 24,999 square feet; 1 large berth for 25,000 to 39,999 square feet; 2 large berths for 40,000 to 99,999 square feet; 2 large berths plus 1 large berth for each additional 80,000 square feet over 100,000 square feet for more than 100,000 square feet (see § 490-___ for more on size requirements for small and large berths)

Supplemental Standards:
There are no supplemental standards that apply to this specific land use.

Construction equipment sales and service

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

Temporary note: Description from consultant

Construction office

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

Temporary note: Description from consultant

Supplemental Standards:
(A) Generally. A contractor’s office may be established for commercial and industrial construction projects, and townhomes and multi-family residential projects with 15 or more dwelling units.
(B) Duration of use. A contractor’s office must be removed within 10 days after the date of issuance of the last occupancy permit for the building under construction.
(C) Location. A contractor’s office must be placed in a location with the least impact to adjoining property owners.
(D) Limitation on use. The use of a contractor’s office is limited to construction management activities related to the construction project on the parcel of land on which it is located.

Temporary note: Provisions from consultant

Contractor yard (new)

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

Temporary note: Description from consultant

Craft brewery, winery, distillery

An establishment where beer, malt beverages, wine, mead, and/or spirits are made in small batches and then sold onsite and distributed off-site. This use may also include a restaurant.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 350 square feet of floor area devoted to patron service, whichever is greater; plus 1 for each employee on the largest work shift

Supplemental Standards:
(A) Other licenses/approvals. Prior to establishment of this use, the property owner must obtain all required alcohol licenses/permits from the City and all necessary permits and approvals from the state of Wisconsin as may be required and maintain the permits for the life of the use or until the issuing entity no longer requires the permit.
(B) Limitations on production area. When located in a commercial district, the production area, including storage of raw materials and finished products, is limited to 60 percent of the floor area. When located in an industrial district, there is no limitation on the production area.
(C) Location of customer entrance. A customer entrance to a craft brewery, winery, distillery that is located on the side or rear of the building must be located at least 50 feet from a parcel in a residential zoning district or a planned development district that allows residential uses as the predominant land use.

___________________________________
[1] The City can only issue a certain number of alcohol licenses. Please contact the City Clerk to determine if there are any available.

Temporary note: Provisions from consultant

Cryptocurrency mine (new)

A facility where specialized computers validate and manage blockchain transactions.
Note: A cryptocurrency mine requires significant computational power, electricity, and cooling infrastructure to operate efficiently.

Temporary note: Description from consultant

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

Bicycle Parking:
Recommended - 7 percent of the required parking space, but not less than 4

Merchandise Loading:
1 small berth required for 6,000 to 12,499 square feet; 2 small berths for 12,500 to 24,999 square feet; 1 large berth for 25,000 to 39,999 square feet; 2 large berths for 40,000 to 99,999 square feet; 2 large berths plus 1 large berth for each additional 80,000 square feet over 100,000 square feet for more than 100,000 square feet (see § 490-___ for more on size requirements for small and large berths)

Supplemental Standards:
(A) Coordination with utility services. Prior to issuance of a building permit, the property owner must provide documentation to the zoning administrator showing that the electric utility has the capacity and infrastructure to meet the needs of the facility.
(B) Reserved

Temporary note: Provisions from consultant

Data center (new)

A facility that houses computing and networking equipment, along with storage and management systems, to support the storage, processing, and distribution of digital data and applications. A data center typically features high performance servers, storage arrays, networking equipment, cooling systems, and power backup solutions to ensure uninterrupted operation.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each employee on the largest workshift

Bicycle Parking:
Recommended - 7 percent of the required parking space, but not less than 4

Merchandise Loading:
1 small berth required for 6,000 to 12,499 square feet; 2 small berths for 12,500 to 24,999 square feet; 1 large berth for 25,000 to 39,999 square feet; 2 large berths for 40,000 to 99,999 square feet; 2 large berths plus 1 large berth for each additional 80,000 square feet over 100,000 square feet for more than 100,000 square feet (see § 490-___ for more on size requirements for small and large berths)

Supplemental Standards:
(A) Coordination with utility services. Prior to issuance of a building permit, the property owner must provide documentation to the zoning administrator showing that the electric utility has the capacity and infrastructure to meet the needs of the facility.
(B) Reserved

Temporary note: Provisions from consultant

Delivery/pickup hub (new)

A stand-alone facility where deliveries can be dropped off in a secure lockbox and recipients can pick up their packages. Delivery/pickup hubs are located in or near high-density residential developments and commercial centers or collocated with a park and ride lot or another commercial business. The term does not include a facility located in another business (e.g., retail store) as a subordinate use.

Temporary note: Description from consultant

Donation drop box (new)

A fully enclosed receptacle where household items may be placed for pickup by the entity receiving the donation.

Temporary note: Description from consultant

Drive-through window

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

Temporary note: Description from consultant

Supplemental Standards:
(A) Location. A drive-up service window may only be located to the side or rear of the building in which it is located and at least 60 feet from a property in a residential zoning district or a planned development district that allows residential uses.
(B) Crosswalks. A pedestrian crosswalk must be marked on the pavement when the lane for a drive-up service window is situated between on-site parking and a building entrance.
(C) Vehicle stacking. The approved site plan must show a stacking area to accommodate at least 4 vehicles per lane for a pharmacy, 2 vehicles per lane for a financial institution, and 6 vehicles per order box for a restaurant although more may be required as part of the site plan review based on the nature of the service being provided.
(D) Noise. Noise associated with an intercom or speaker must not be audible at any lot line.
(E) Menu board. A restaurant may incorporate a menu board consistent with the sign regulations.

Temporary note: Provisions from consultant

Dry boat storage

An outdoor area where watercraft may be kept during the off season or while not in use. Minor repairs and maintenance may be conducted on watercraft while kept in storage.

Temporary note: Description from consultant

Dwelling, multiple (485-10)

A building or portion thereof designed for and occupied by two or more families, including two-family flats, apartment houses and apartment hotels.

Dwelling, single-family attached (485-10)

A residential structure designed to house a single-family unit from lowest level to roof, with private entrance, but not necessarily occupying a private lot, and sharing a common wall between adjoining units.

Dwelling, single-family detached (485-10)

A residential structure designed to house a single family on a private lot and surrounded on all sides by a private yard.

Equipment rental, large (new subtype)

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

Temporary note: Description from consultant

Equipment rental, small (new subtype)

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

Temporary note: Description from consultant

EV charging facility, 1 to 4 stations (new)

Parking spaces, but not more than 4, in a surface parking lot associated with a commercial, institutional, industrial, or multifamily use that are served by a dedicated electric vehicle charger. These charging stations are offered for the convenience of residents, customers, and employees that come to the site. The term does not include charging stations that are used exclusively for fleet vehicles associated with the use, if otherwise allowed.

Temporary note: Description from consultant

Supplemental Standards:
(A) Integration into overall parking lot layout. Electric vehicle charging stations must be integrated into and made part of the overall parking lot layout for the site.
(B) Status as a parking space. A parking space with an electric vehicle charging station space is counted toward satisfying any minimum on-site parking requirements only if the space is not advertised to the traveling public or is located on the lot to encourage public use.
(C) Placement near sidewalks. Electric vehicle charging stations near sidewalks or other walkways must be located and designed to not impede pedestrian travel or create tripping hazards.
(D) Collection of fees. The property owner, or the operator of the electric vehicle charging station, may collect a service fee to charge an electric vehicle.
(E) Contact information. Contact information should be posted either on the charging station or in a central location by multiple stations for reporting when the equipment is not functioning or if other problems are encountered.
(F) Outdoor lighting. Electric vehicle charging stations must be adequately lit to ensure safety. A lighting level of 1.5 footcandles over 75 percent of the parking space is sufficient. Regardless of this requirement, outdoor lighting must comply with the general outdoor lighting standards in Article ___.
(G) Signage. Signage on the face of the charging station equipment is exempt from signage standards, if the sign area is less than 2 square feet.
________________________________________________________
Advisory notes:
1. Because electric vehicles and charging technology are relatively new and evolving, it is anticipated this part and other provisions in the zoning code relating to vehicle charging as a land use will be revised to adapt.

Temporary note: Provisions from consultant

EV charging facility, 5 or more stations (new)

Five or more parking spaces in a surface parking lot associated with a commercial, institutional, industrial, or multifamily use that are served by a dedicated electric vehicle charger. These charging stations are offered for the convenience of residents, customers, and employees that come to the site but given their location on the site may be used by the traveling public (not otherwise going to the site as a destination). The term does not include charging stations that are used exclusively for fleet vehicles associated with the use, if otherwise allowed.

Temporary note: Description from consultant

Supplemental Standards:
(A) Integration into overall parking lot layout. Electric vehicle charging stations must be integrated into and made part of the overall parking lot layout for the site.
(B) Status as a parking space. A parking space with an electric vehicle charging station space is counted toward satisfying any minimum on-site parking requirements only if the space is not advertised to the traveling public or is located on the lot to encourage public use.
(C) Placement near sidewalks. Electric vehicle charging stations near sidewalks or other walkways must be located and designed to not impede pedestrian travel or create tripping hazards.
(D) Collection of fees. The property owner, or the operator of the electric vehicle charging station, may collect a service fee to charge an electric vehicle.
(E) Contact information. Contact information should be posted either on the charging station or in a central location by multiple stations for reporting when the equipment is not functioning or if other problems are encountered.
(F) Outdoor lighting. Electric vehicle charging stations must be adequately lit to ensure safety. A lighting level of 1.5 footcandles over 75 percent of the parking space is sufficient. Regardless of this requirement, outdoor lighting must comply with the general outdoor lighting standards in Article ___.
(G) Signage. Signage on the face of the charging station equipment is exempt from signage standards, if the sign area is less than 3 square feet.
________________________________________________________
Advisory notes:
1. Because electric vehicles and charging technology are relatively new and evolving, it is anticipated this part and other provisions in the zoning code relating to vehicle charging as a land use will be revised to adapt.

Temporary note: Provisions from consultant

Exterior communications device

An antenna used to capture wireless telecommunication signals.

Temporary note: Description from consultant

Extractive operations (485-10)

The removal of rock, slate, gravel, sand, topsoil or other natural material from the earth by excavating, stripping, leveling or any other process.

Family day care home

A private residence licensed as a day care center by the state where care is provided for 4 to 8 children.
Note: See § 66.1017, Wis. Stats. A group day care (9 or more children) is considered a principal use and is therefore listed as a special care facility (See Series 4).

Temporary note: Description from consultant

Farmers market

An outdoor area where agricultural producers gather on a regular basis to offer their agricultural products directly to retail consumers. The term does not include indoor markets or those held at a public park.

Financial services

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

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 350 square feet of floor area

Bicycle Parking:
Recommended - 7 percent of required vehicle parking spaces, but not less than 4

Supplemental Standards:
(A) Proximity to specified uses/districts. A payday loan business or auto title loan business may not be located within 5,000 feet of another payday loan business or auto title loan business or within 150 feet of a residential zoning district or a planned development district that allows residential uses. For the purpose of this part, the distance is measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building containing the payday loan business or auto title loan business to the outer wall of the building containing the other specified land use or, as appropriate, to the nearest lot line of a parcel in the specified zoning district. The presence of a village, city, county, or other political subdivision boundary is irrelevant for purposes of applying the separation requirements. If a payday loan business or auto title loan business was operating on January 1, 2011 and does not comply with the locational standards in this part, such business may continue to operate at that location.^[1]
(B) Reserved
___________________________________
[1] See § 62.23 (7)(hi), Wis. Stats.

Temporary note: Provisions from consultant

Firewood storage (new)

Storage of firewood out of doors for use on the premises.

Temporary note: Description from consultant

Supplemental Standards:
(A) Location. Storage of firewood in the front yard on residentially zoned property is prohibited, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery.
(B) Stacking. Firewood should be neatly stacked and may not be stacked closer than 2 feet to any lot line and not higher than 6 feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences as used in this part do not include hedges and other vegetation.
(C) Debris. All brush, debris, and refuse from processing of firewood must be promptly removed from the premises.
(D) Nuisances. Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the municipal code.
(E) Limitations. Not more than 5 percent of the side and rear yard may be used for storage of firewood at any one time.

Temporary note: Provisions from consultant.

Flag pole

A vertical pole designed to support a flag.

Temporary note: Description from consultant

Food pantry (new)

A place where stocks of food, typically basic provisions, are stored and supplied free of charge to people in need, by a nonprofit or charitable organization. A food pantry is not typically open to the public for extended periods like a grocery store, but operates on a limited basis (e.g., days per week and/or hours per day). A food pantry may include ancillary office space related to this use. This use may also be referred to as a food bank.

Temporary note: Description from consultant

Funeral establishment

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

Temporary note: Description from consultant

Garage, private (485-10)

A structure primarily intended and used for the enclosed storage or shelter of the private motor vehicles of the families resident upon the premises.

Garage, private attached (485-10)

A garage, the roof of which is attached to the principal building.

Garage, public or commercial (485-10)

Any garage not falling within the definition of "private garage" as herein established and used for storage, repair, rental or servicing of motor vehicles.

Garden center

An establishment where landscape and garden plants, sod, and related supplies are sold at retail. The term includes loading and unloading of bulk rock, mulch, soil, or similar materials utilizing heavy equipment. The term does not include the sale or rental of any large machinery a landscape contractor may use.

Temporary note: Description from consultant

Gardening

The cultivation of food or ornamental crops.

Temporary note: Description from consultant

Supplemental Standards:
(A) Location. A garden may be located in any yard, but not closer than 3 feet to the front lot line.
(B) Cold frames. Cold frames and other similar structures are permitted in the rear and side yard, provided they are setback a minimum of 3 feet from all property lines and do not exceed 3 feet in height as measured from the ground surface.
(C) Support structures. A structure used to support plants may not exceed 6 feet in height as measured from the ground surface.
(D) Vacant lots. A garden may be located on a vacant lot.

Temporary note: Provisions from consultant

Gasoline service station (485-10)

A place where gasoline, kerosene, or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and including facilities for greasing, oiling, washing and minor repair of vehicles on the premises, but not including automatic car washing or any body repair facilities, or storage of vehicles for scrap or spare parts.

General cultivation

A place where nursery stock, trees, sod, fruit, vegetables, flowers, agricultural crops and forage, and other plants typically grown by agricultural operations in the region are grown. The term does not include domestic gardens.

Temporary note: Description from consultant

General repair

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

Temporary note: Description from consultant

General services

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

Temporary note: Description from consultant

General warehouse

A place where goods, merchandise, and other materials are temporarily stored inside of an enclosed building for eventual shipment. The term includes moving and storage facilities.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 1,000 square feet of floor area or 1 space for each employee on the largest work shift, whichever is greater; plus 1 space for each fleet vehicle parked on site

Merchandise Loading:
1 small berth required for 6,000 to 12,499 square feet; 2 small berths for 12,500 to 24,999 square feet; 1 large berth for 25,000 to 39,999 square feet; 2 large berths for 40,000 to 99,999 square feet; 2 large berths plus 1 large berth for each additional 80,000 square feet over 100,000 square feet for more than 100,000 square feet (see § 490-___ for more on size requirements for small and large berths)

Supplemental Standards:
There are no supplemental standards that apply to this specific land use.

Golf course

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

Temporary note: Description from consultant

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

Supplemental Standards:
(A) Minimum lot area. The minimum lot area for a golf course is 100 acres.
(B) Proximity to other districts. Club houses and maintenance buildings with a floor area exceeding 1,200 square feet must be located at least 300 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Temporary note: Provisions from consultant

Group day care center

A place licensed as a day care by the state where care is provided for 9 or more children. This use may include outdoor play areas, playhouses, and related recreational equipment, such as swings, slides, basketball hoops, and jungle gyms.
Note: A family day care home (4-8 children) is considered an accessory use and is therefore listed in Series 15.

Temporary note: Description from consultant

Group day care center (company)

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

Temporary note: Description from consultant

Health care center

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

Temporary note: Description from consultant

Healthcare clinic

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

Temporary note: Description from consultant

Home occupation

An occupation, profession, enterprise, or similar commercial activity that is conducted by a person residing on the premises, and which by their nature, appearance, and inherent operational activities and characteristics, are compatible in a residential setting.

Temporary note: Description from consultant - will need to reconcile with city code

Supplemental Standards:
(A) Validity of use. The individual primarily responsible for operating the home occupation must reside in the dwelling unit on the parcel.
(B) Location and space limitation. The home occupation may not exceed 20 percent of the area of any one floor of the residence.
(C) Exterior character of building. The exterior character of the building housing the home occupation must not be altered to accommodate such use.
(D) Storage of materials. Exterior storage of materials or equipment is prohibited. Flammable, combustible, or explosive materials that exceed levels normally found on a residential property are strictly prohibited.
(E) Limitation on number of on-site workers. The number of individuals working on-site is limited to those individuals living in the dwelling unit plus one nonresident employee.
(F) Retail sales. Retail sale of merchandise is prohibited.
(G) Limitation on customer traffic. A home occupation may not generate more than 10 customer trips per business day, which is determined to be an acceptable level of non-residential traffic in residential neighborhoods.
(H) Nuisance. A home occupation may not create any smoke, odor, glare, noise, dust, vibration, fire hazard, or small electrical interference not normally associated with typical residential uses in the zoning district.
(I) Multiple home occupations. More than one home occupation may be permitted on a single lot provided all of the general requirements in this part can be met based on an accumulation of activities.

Temporary note: A home occupation in the current code is defined as follows: Any occupation for gain or support conducted entirely within single and two-family buildings by resident occupants which is customarily incidental to the principal use of the premises, does not exceed 20 percent of the area of one (1) floor, employs not more than one (1) nonresidential person, uses only household equipment, and no stock in trade is kept or sold except that made on the premises. A home occupation shall not create noise or odor of a nature which will adversely affect the residential character of the neighborhood. A home occupation includes uses such as baby-sitting, millinery, dressmaking, home canning, laundering, music teaching to not more than two (2) pupils at one time, and crafts, but does not include the display of any goods nor such occupations as barbering, beauty shops, dance studios, real estate brokerage, or photographic studios of any other uses which will generate additional vehicular traffic to the immediate area of the residence.

Hospice care center (new)

A place licensed by the state that provides palliative and supportive care and a place of residence to individuals with terminal illness and provides or arranges for short-term inpatient care as needed.
Note: See § 50.90 (1), Wis. Stats.

Temporary note: Description from consultant

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

Supplemental Standards:
(A) State license. Prior to the establishment of a hospice care center, the operator must obtain a license from the state as provided for in § 50.92, Wis. Stats., and maintain the license for the life of the use or until the state no longer requires the license.
(B) Required green space. If a hospice care center is not located in a commercial zoning district, a minimum of 30 percent of the parcel must remain undeveloped (i.e., landscaped). (verify with land use table)

Temporary note: Provisions from consultant

Hot tub

A large container for holding heated water for the purpose of relaxation, hydrotherapy, or socialization. They are equipped with built-in heating systems, jets, and filtration systems to maintain water temperature, cleanliness, and hygiene.

Temporary note: Description from consultant

Supplemental Standards:
(A) Location. A hot tub must comply with the yard requirements for principal buildings in the zoning district in which they are located.
(B) Fencing. A hot tub must be surrounded by a fence not less than 4 feet or more than 6 feet in height with a self-latching gate. A tightly closed cover may be used in lieu of fencing with a gate.
(C) Draining of water. Water that is drained out of a hot tub may not flow onto an adjoining property, into a wetland or any body of water, or into a sanitary sewer without the approval of the public works director or equivalent.

Temporary note: Provisions from consultant.

Hotel (485-10)

A building in which lodging, with or without meals, is offered for compensation and which may have more than five sleeping rooms for this purpose, but not including kitchen facilities in individual rooms.

House museum (new - needed?)

A single-family house that has been transformed into a museum recognized as such by the City's Historic Preservation Commission (VERIFY) or the Wisconsin Historical Society.

Temporary note: Description from consultant

Household backup generator

A power generation device designed to provide electricity to a single-family residence during periods of power outage or when the main power supply is unavailable. It serves as a secondary source of electrical power, often fueled by diesel, natural gas, propane, or gasoline, and is typically installed to ensure continuity of essential services or operations during emergencies.

Temporary note: Description from consultant

Household compost bin (new)

An enclosure where organic waste generated in a household is allowed to naturally decompose into nutrient-rich compost.

Temporary note: Description from consultant

Household pets

The keeping of pets such as dogs and cats.

Temporary note: Description from consultant

Supplemental Standards:
(A) Number. No more than 3 dogs that are 4 months of age or older are allowed. There is no restriction on the number of cats.
(B) Licensing. Dogs must be licensed with the City of Port Washington as set forth in §_____ of the municipal code.
(C) Location. A dog enclosure, run, or housing must be at least 15 feet from the rear or side lot line.
(D) Status as a building. A free-standing dog enclosure with a roof not exceeding 28 square feet does not count as a building with regard to the maximum number of accessory buildings allowed on a parcel.

Temporary note: Need to reconcile with current city code.

Indoor entertainment

A place where entertainment is offered within an enclosed building. The term includes theaters, movie theaters, dance halls, and theaters for performing arts. The term does not include adult-use establishments.

Temporary note: Description from consultant

Indoor recreation

A place where recreational activities are offered within an enclosed building. The term includes bowling alleys, skating rinks, billiard and pool halls, arcades, and escape rooms.

Temporary note: Description from consultant

Indoor shooting range (new)

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

Temporary note: Description from consultant

Vehicle Parking:
1 space for each shooting station, plus 1 space for each employee on the largest work shift

Supplemental Standards:
(A) The building and method of operation must conform to all applicable State and Federal standards for environmental protection and occupational health and safety. The applicant must identify all such standards and demonstrate how the building and operation will comply including identification of any related state or federal reporting, inspection and permitting requirements.
(B) The design and construction of the shooting range must completely confine all ammunition rounds within the building in a safe, controlled manner.
(1)   Compliance must be demonstrated by plans, certified by an architect or engineer license or certified by the State of Wisconsin with demonstrated experience in indoor shooting range design.
(2)   Compliance with the standards and recommendations of the most current versions of the Range Design Criteria of the U.S. Department of Energy, Office of Health, Safety and Security or the national Rifle Association Range Source Book is prima facie evidence of satisfaction of this condition. Under no circumstance shall the applicant be relieved of his obligation to comply with any requirement otherwise imposed by State, Federal, or local law.
(3)   The plans must specify the type and caliber of ammunition the shooting range is designed to confine.
(C) The applicant must demonstrate that the operation will not be a nuisance to neighboring property or other likely neighboring property uses including nuisances related to air quality and noise.
(D) A security plan must be established for the building securing the building from unauthorized entrants as well as security for any firearms stored on the premises. No firearms shall be stored on the premises unless they are stored in a gun safe or other secure storage facility or container approved by the Port Washington police department.
(E) The shooting range must establish clear rules and procedures for the health, safety and order of the operation, its employees and patrons consistent with accepted industry practices which must be conspicuously posted at the shooting range.
(F) On-site supervision of the range must be provided at all times by an adult who is an experienced shooting range operator. The shooting range operator is responsible for taking all reasonable actions to assure the conduct of employees and patrons and the conditions of health, safety, and order of the shooting range comply with all related rules and procedures.
(G) No person under the age of 18 is permitted within the shooting range unless accompanied by an adult at all times. This condition shall not apply to prohibit minors from participating in firearms safety classes supervised by a qualified adult instructor.
(H) Unless preempted by State or Federal law, the Plan Commission may establish additional conditions or requirement including reporting or inspection requirements if it determines such conditions or requirements are reasonably necessary to protect the public health, safety, and welfare of the residents. Consideration shall be given to the cost and burden of such additional requirements upon the operation and upon City resources compared to the additional public benefit to be achieved, industry practices and evidence of experiences with similar operations in other communities.

Temporary note: Provisions from consultant

In-family suite

An arrangement and use of rooms within a single-family dwelling that allows for one or two family members to reside separate from the single housekeeping entity while remaining part of and having nonlockable direct interior access to the entire single-family dwelling. The arrangement of rooms may contain a kitchenette with associated living areas, bedrooms, and a bathroom. The term does not include accessory dwelling unit which is a different housing option.
Note: Also known as in-law dwelling unit, granny flat, or secondary suite.

Temporary note: Description from consultant

Vehicle Parking:
1 parking space

Supplemental Standards:
(A) Interior access. The in-family suite must have non-lockable direct interior access to the living area of the entire dwelling. This required connection may not occur through an attic, basement, garage, porch, or other non-living area.
(B) Limitation on bedrooms. No more than two bedrooms are allowed in the in-family suite.
(C) Exterior access. Exterior doors are allowed but only at ground level and on the side or rear of the building.
(D) Utility connections. The single-family dwelling and the in-family suite must share common water, sanitary sewer, and electric connections.
(E) Occupancy. The in-family suite may not be occupied by a non-family member.
(F) General appearance. The principal dwelling unit and the in-family suite must together appear as a single-family dwelling.
(G) Physical mailing address. The property owner, or any other, may not establish a different address for the in-family suite.
(H) Deed restriction required. Prior to the issuance of a building permit related to the in-family suite, the property owner must record a deed restriction with the Dodge or Washington County register of deeds office, as approved by the zoning administrator, that states the in-family suite may not be rented or otherwise used as a second dwelling unit.

Figure: Plan View
________________________

Graphic forthcoming

Instructional studio

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

Temporary note: Description from consultant

Keeping of bees

The keeping of bees for production of honey and pollination of plants.

Temporary note: Description from consultant

Supplemental Standards:
(A) Legislative intent. The keeping of honeybees in the City of Port Washingtons is consistent with the City's desire to foster sustainable urban agriculture while addressing issues related to public health, safety, and welfare.
(B) Densities. One beehive is allowed on a lot between 9,000 and 14,520 square feet. One additional beehive is allowed for each full half acre over 14,520 square feet. For example, a property with 1 acre (43,560 square feet) may have 2 beehives. A temporary beehive is allowed for no more than 4 weeks for hive separation or new swarm establishment purposes.
(C) Placement. Beehives are restricted to side and rear yards, and must be located at least 20 feet from all property boundary lines and 20 feet from a principal dwelling unit, patio, swimming pool/deck, swing set or other similar play structure, or gazebo on an abutting lot. The entrance to the beehive must face the interior of the lot.
(D) Flyaway barrier. When a beehive is situated closer than 25 feet to a property boundary line, a flyaway barrier must be established and maintained that is generally parallel to the property line. The flyaway barrier must be at least 5 feet in height and 6 feet in either direction. Such barrier may consist of a wall, a solid fence, dense vegetation, or combination thereof.
(E) Water. The property owner must provide a source of clean water specifically for the beehive.
(F) Behavior and swarming. Adequate space must be maintained in the beehive to prevent overcrowding and swarming. Colonies must be re-queened if colonies exhibit aggressive behavior. One (1) additional temporary beehive is allowed for hive separation or new swarm establishment purposes. Such temporary beehive must be removed from the property within 2 weeks.
(G) Compliance with state law. The property owner must comply with all laws relating to beekeeping as may be adopted by the state of Wisconsin, including § 94.76, Wis. Stats.
(H) Sale of honey. The property owner or tenant may sell honey and packaged honeycombs produced by the beehives on the property, provided all other applicable law are satisfied. For the purposes of the City's zoning regulations, the sale of honey is not considered a commercial use or a home occupation.
(I) Predators. The property owner must adequately protect the beehives from predators.

Temporary note: Provisions from consultant - to be verified.

Limited warehouse (current code)

A place where goods, merchandise, and other materials are temporarily stored inside of an enclosed building, not exceeding 7,000 square feet. The term does not include moving and storage facilities.

Temporary note: Description from consultant; need to confer with staff on Ordinance 2024-06

Little free library

A small structure used to house reading materials offered to the public without charge.

Temporary note: Description from consultant

Livestock for vegetation management

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

Temporary note: Description from consultant

Supplemental Standards:
(A) Vegetation management plan. A vegetation management plan must be submitted that describes (1) the areas to be treated; (2) the nature and extent of the plant species to be controlled; (3) the number of livestock being used; (4) the time periods when livestock will be used, not to exceed 30 days in a calendar year; (5) the type of fencing used, and (6) other operating characteristics. The City reserves the right to request a third-party review of the proposed management plan.
(B) Buildings. No permanent buildings may be erected or installed on the subject property for housing the livestock.
(C) Fencing. Fencing may be temporarily installed while livestock are kept on the subject property.

Temporary note: Provisions from consultant

Lodging house (485-10)

A building where lodging only is provided for compensation and having not more than five sleeping rooms for this purpose.

Maker's space (new)

A place where products or goods are produced within an enclosed building and any smoke, dust, noise, or odor related to such activities are confined within the building. This use may include administrative offices and storage of raw materials and finished goods as a subordinate use. The term includes a tool and die maker, furniture production, metal fabrication, apparel manufacturing, printing, and publishing.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 450 square feet of floor area or 1 space for each employee on the largest work shift, whichever is greater; plus 1 space for each fleet vehicle parked on site

Bicycle Parking:
Recommended - 5 percent of required vehicle parking spaces, but not less than 4

Merchandise Loading:
1 small berth required for 6,000 to 12,499 square feet; 2 small berths for 12,500 to 24,999 square feet; 1 large berth for 25,000 to 39,999 square feet; 2 large berths for 40,000 to 99,999 square feet; 2 large berths plus 1 large berth for each additional 80,000 square feet over 100,000 square feet for more than 100,000 square feet (see § 490-___ for more on size requirements for small and large berths)

Supplemental Standards:
(A) Maximum floor area. When located in ____, the maximum floor area for a maker's space is 5,000 square feet.
(B) Restriction on location of manufacturing processes. All manufacturing processes must be conducted entirely within an enclosed building.
(C) Material storage. Materials may be stored out of doors, provided such areas are properly screened as determined by the Plan Commission.

Temporary note: Provisions from consultant

Manufactured home park

A place with 2 or more designated pads (i.e., lots) for lease or rent to the general public for the placement of a mobile home or a manufactured home.

Temporary note: Description from consultant

Vehicle Parking:
2 spaces for each dwelling unit

Supplemental Standards:
(A) Minimum area. The minimum area for a manufactured home park is 10 acres.
(B) Lot width. The width is 450 feet at the building setback line.
(C) Density. The maximum density is 9 units per acre.
(D) Open space. The minimum open space is 20 percent of the development area, exclusive of mobile home unit sites, streets, roads, and public or general purpose parking.
(E) Lot area. The minimum lot area for a single module mobile home is 5,000 square feet with a minimum lot width of 50 feet. The minimum lot area for a double module mobile home is 6,000 square feet with a minimum lot width of 60 feet.
(F) Front setback. The minimum setback for any building, structure, or unit is 75 feet from the right-of-way line of a street, road or highway, which abuts the development.
(G) Side yard and rear yard setback. The minimum setback for any building, structure, or unit is 40 feet to other lot lines is 40 feet.
(H) Separation. The minimum distance between mobile home units and access streets is 20 feet.
(I) Side yard. The minimum side yard distance between mobile home units is 20 feet.
(J) Streets and walkways. All interior streets and general parking areas must be constructed to City specifications and all mobile home unit parking areas and all walkways must be surfaced pursuant to City specifications.
(K) Water and sanitation. Each manufactured home space must be connected to a public water supply system and a public sewage disposal system.
(L) Other uses. A mobile home sales office or other commercial use are prohibited. However, laundries, washrooms, recreation rooms, maintenance equipment storage areas, and one mobile home park office necessary for the use of mobile home park residents are permitted.
(M) Perimeter screening. Each mobile home park must be completely enclosed except for permitted entrances and exits by a permanent evergreen planting, the individual trees to be of such a number and size and so arranged that within 10 years they will have formed a dense screen. Such permanent plantings must be grown or maintained to a height of not less than 10 feet.
(N) Construction standards. All mobile homes must meet the construction standards of the Mobile Homes Manufacturers Association and the Wisconsin Department of Industry, Labor and Human Relations. (verify if correct references)
(O) Anchoring. A mobile home/manufactured home must be anchored by connecting the underframe directly to a minimum of six, 2-1/2-foot long "eye" bolt anchors permanently imbedded in concrete piers of not less than 3 feet in length which shall be an integral part of a 6-inch concrete pad which is at least as large as the floor area dimensions of the mobile home upon which the mobile home must be placed.
(P) Rentals. A manufactured home site may not be rented for a period of less than 6 months.
(Q) Skirting. All mobile homes and manufactured homes must be fully "skirted" with nonflammable material.

Temporary note: The above provisions are in the current code; s. 13.0313 (c)

Manufacturing

A place where products or goods are produced within an enclosed building and any smoke, dust, noise, or odor related to such activities are confined within the building. This use may include administrative offices and storage of raw materials and finished goods as a subordinate use. The term includes a tool and die maker, furniture production, metal fabrication, apparel manufacturing, printing, and publishing.

Temporary note: Description from consultant

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

Merchandise Loading:
1 small berth required for 6,000 to 12,499 square feet; 2 small berths for 12,500 to 24,999 square feet; 1 large berth for 25,000 to 39,999 square feet; 2 large berths for 40,000 to 99,999 square feet; 2 large berths plus 1 large berth for each additional 80,000 square feet over 100,000 square feet for more than 100,000 square feet (see § 490-___ for more on size requirements for small and large berths)

Supplemental Standards:
(A) Restriction on location of manufacturing processes. All manufacturing processes must be conducted entirely within an enclosed building.
(B) Location of outdoor activity areas. Outdoor activity areas must be located at least 100 feet from a property in a residential zoning district or a planned development district that allows residential uses.
(C) Material storage. Materials may be stored out of doors, provided such areas are screened as determined by the Plan Commission.

Temporary note: Description from consultant

Marina

A place where watercraft may dock on a temporary or permanent basis and includes boat ramps, hoist machinery, and related launching facilities. Related services include retail sale of fuel for watercraft and supplies and servicing and repair of watercraft. The term does not include dry boat storage.

Temporary note: Description from consultant

Marine sales and service

A place where watercraft are offered for rent, sale, lease, or exchange, or are taken on consignment. This use may include the repair of watercraft as a subordinate use to the extent deemed appropriate by the Plan Commission.

Mixed-use residential

One or more dwelling units situated within a commercial building.

Temporary note: Description from consultant

Vehicle Parking:
1.5 spaces for each dwelling unit

Supplemental Standards:
(A) Occupancy. Occupancy of a dwelling unit is limited to one household unit.
(B) Location. Dwelling units may be located on the ground floor, provided the first 16 feet of the building from the street is designed for commercial uses otherwise allowed in the zoning district. Dwelling units may also be located on upper floors.
(C) Stairs. A dwelling unit on the second floor must be served by stairs inside of the building (i.e., exterior stairs are not permitted). The exterior access door may be located along the front, side, or rear of the building and may serve one or more dwelling units.
(D) Short-term rental. If a dwelling unit is used as a short-term rental, the property owner must comply with the licensing requirements established by the City.

Temporary note: Provisions from consultant

Figure: Side view of Mixed-Use Housing
___________________________________

Mobile food establishment

A motorized vehicle, moveable trailer, or a moveable, nonmotorized pushcart from which ready-to-eat food and drink are prepared and sold at retail on a private property (i.e., not in the public right-of-way). The term does not include a bicycle (two- or three-wheel) food cart.

Temporary note: Description from consultant

Vehicle Parking:
No additional parking is required.

Supplemental Standards:
(A) Placement. A mobile food establishment must be located on or next to an existing parking lot.
(B) Proximity to existing restaurant. A mobile food establishment may be located on a property with an existing restaurant. A mobile food establishment must be located more than 300 feet from the primary customer entrance of an existing restaurant on another lot.
(C) Vehicle type. The motor vehicle must be licensed by the state of Wisconsin and may be either self-propelled or towed by another vehicle.
(D) Pushcart specifications. A pushcart must comply with current NSF/ANSI 59 standards.
(E) Licensing. The business operation must comply with all food licensing requirements established by Dodge or Washington counties and the state of Wisconsin.
(F) Signage. Signage is not allowed aside from signage that is part of the motor vehicle, trailer, or pushcart. Flags, pennants, and banners are specifically prohibited.
(G) Seating. On-site seating for patrons is not allowed.
(H) Overnight storage. A motor vehicle, trailer, or pushcart may not be kept overnight on the same property where it is operated during the day.

Temporary note: Provisions from consultant

Model home

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

Temporary note: Description from consultant

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

Supplemental Standards:
(A) Generally. A model home may only be established when the residential project in which it is located is developed by a single developer and the project will have 6 or more dwelling units.
(B) On-street parking required. A model home may only be established when on-street parking is permitted on the street directly in front of the model home.
(C) Appearance. The dwelling unit used as a model home must be of the same type and character as the dwelling units being offered for sale within the development.
(D) Duration of use. The model home may operate for no more than 3 years. Prior to the expiration of this time period, the model home must be closed when 80 percent of the dwelling units within the entire development have been sold.
(E) Limitation on use. The model home is intended to facilitate the sale of residential housing units in the development in which it occurs and off-site sales activity must be clearly incidental. The model home may be furnished but may not be occupied as a residence.
(F) Hours of operation. The model home may not be open between 8:00 pm and 8:00 am, except by appointment.
(G) Permanent conversion. Upon cessation as a model home, the property owner must take all necessary actions to convert the building to a dwelling unit.

Temporary note: Provisions from consultant

Motel (485-10)

A building or series of buildings in which lodging only is offered for compensation and which may have more than five sleeping rooms or units for this purpose and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each rental unit.

Multi-family, 2 units

A building containing 2 dwelling units that is situated on one lot. The term includes various construction types including modular, panelized, pre-cut, and site-built. The units may be in a single ownership or owned separately as in a condominium.
Note: Also known as duplex.

Temporary note: Description from consultant

Vehicle Parking:
2 spaces for each dwelling unit

Supplemental Standards:
(A) Occupancy. Occupancy of a dwelling unit is limited to one household unit.
(B) Number of principal buildings per parcel. No more than one 2-unit multi-family building may occupy any single parcel of land.
(C) Roof. The minimum roof pitch of a 2-unit multi-family building is 4 to 12, except when a flat roof is integral to the architectural style of the dwelling. An overhang must extend at least 12 inches beyond the face of the exterior wall, except when integral to the architectural style of the dwelling (e.g., saltbox).
(D) Exterior materials. Suitable roof materials include slate, concrete, clay, or ceramic tiles; wood shingles or shakes; or metal, fiberglass, or asphalt shingles; or standing seam panels. Suitable wall materials include stucco, wood siding, cement-fiber siding, vinyl siding, metal horizontal lap siding, wood shingles, or a masonry veneer. Consistent with the requirements in Article 5, the Plan Commission may approve a special exception authorizing the use of an exterior material that is not specifically listed.
(E) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(F) Garage required. A two-car garage containing at least 430 square feet must be built for each dwelling unit at the same time the dwelling units are being constructed. Such garage may be attached or detached.
(G) Short-term rental. If a dwelling unit is used as a short-term rental, the property owner must comply with the licensing requirements as may be established by the City.

Temporary note: Provisions from consultant

Multi-family, 3 to 8 units

A building containing 3 to 8 dwelling units that is situated on one lot. The term includes various construction types including modular, panelized, pre-cut, and site-built. The units may be in a single ownership or owned separately as in a condominium.

Temporary note: Description from consultant; the number of units is used to differentiate potential requirements

Vehicle Parking:
1 garage space for each dwelling unit; plus 1.2 spaces for each dwelling unit that may be garaged or outdoor spaces, although at least 0.2 spaces must be outdoors to provide for guest parking. The Plan Commission may require additional parking pursuant to the design and type of multifamily dwellings.

Bicycle Parking:
Recommended - 4 spaces

Supplemental Standards:
(A) Occupancy. Occupancy of a dwelling unit is limited to one household unit.
(B) Number of principal buildings per parcel. More than one multi-family building may be located on a parcel of land, provided the overall density complies with the maximum density established for the zoning district.
(C) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(D) Garage required. A one-car garage containing at least 250 square feet must be built for each dwelling unit at the same time the principal building is being constructed. Such garage may be attached or detached.
(E) Public safety access. The site must be designed to allow police and fire access to each building, including unit porches and/or windows on upper floors.
(F) Four-sided architecture. All four sides of the building must be similar in articulation and use of exterior materials.
(G) Additional guidelines. The Plan Commission and the Common Council may adopt guidelines to supplement the standards in this part, which may be amended from time to time.
(H) Short-term rental. If a dwelling unit is used as a short-term rental, the property owner must comply with the licensing requirements established by the City.

Multi-family, 9 to 15 units

A building containing 9 to 15 dwelling units that is situated on one lot. The term includes various construction types including modular, panelized, pre-cut, and site-built. The units may be in a single ownership or owned separately as in a condominium.

Temporary note: Description from consultant; the number of units is used to differentiate potential requirements

Multi-family, more than 15 units

A building containing more than 15 dwelling units that is situated on one lot. The term includes various construction types including modular, panelized, pre-cut, and site-built. The units may be in a single ownership or owned separately as in a condominium.

Temporary note: Description from consultant; the number of units is used to differentiate potential requirements

Vehicle Parking:
1 garage space for each dwelling unit; plus 1.2 spaces for each dwelling unit that may be garaged or outdoor spaces, although at least 0.2 spaces shall be outdoors to provide for guest parking. The Plan Commission may require additional parking pursuant to the design and type of multifamily dwellings.

Bicycle Parking:
Recommended - 0.5 space for each unit

Passenger Loading:
___ forthcoming

Supplemental Standards:
(A) Occupancy. Occupancy of a dwelling unit is limited to one household unit.
(B) Number of principal buildings per parcel. More than one multi-family building may be located on a parcel of land, provided the overall density complies with the maximum density established for the zoning district.
(C) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(D) Garage required. A one-car garage containing at least 250 square feet must be built for each dwelling unit at the same time the principal building is being constructed. Such garage may be attached or detached.
(E) Public safety access. The site must be designed to allow police and fire access to each building, including unit porches and/or windows on upper floors.
(F) Four-sided architecture. All four sides of the building must be similar in articulation and use of exterior materials.
(G) Façade articulation. Consistent with the design of traditional storefront buildings, new buildings must be divided into smaller increments through articulation of the façade. This can be achieved through combinations of the following techniques and other techniques that may meet the intent of this standard:
• Stepping back or extending forward a portion of the façade, called façade modulation.
• Vertical divisions using different textures or materials, although materials may be drawn from a common palette.
• Variation in roof lines by alternating dormers, stepped roofs, gables or other roof elements to reinforce articulation or modulation.
• Use of arcades, awnings, window bays or porches at intervals equal to the articulation interval.
(H) Additional guidelines. The Plan Commission and the Common Council may adopt guidelines to supplement the standards in this part, which may be amended from time to time.
(I) Short-term rental. If a dwelling unit is used as a short-term rental, the property owner must comply with the licensing requirements established by the City.

Multipurpose business (new)

Multipurpose business uses are primarily oriented to those businesses that require an office/reception/display area and a larger storage area for stock goods, materials, equipment, and supplies. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of potential businesses include plumbing or electrical contractor, product sales representative, and small-scale warehousing.

Temporary note: Description from consultant

Vehicle Parking:
____

Merchandise Loading:
1 small berth required for 6,000 to 12,499 square feet; 2 small berths for 12,500 to 24,999 square feet; 1 large berth for 25,000 to 39,999 square feet; 2 large berths for 40,000 to 99,999 square feet; 2 large berths plus 1 large berth for each additional 80,000 square feet over 100,000 square feet for more than 100,000 square feet (see § 490-___ for more on size requirements for small and large berths)

Supplemental Standards:
(A) Design and layout. When located in the Highway Business (HB) zoning district, the front part of the building (i.e., facing the street) is specifically reserved for office, retail, and/or display purposes and must be at least 15 percent of the floor area. The back portion can be used for storage of stock goods, materials, supplies, and equipment specifically related to the business occupying the space. These two areas must be separated by a wall which may include one or more doorways for access. The overall design is intended to look like a traditional retail business space from the street on which it fronts.

Front view of multitenant building

(B) Overhead doors. Overhead doors may be located on the back of the building to provide access to the storage space. All overhead doors must be located so they are not readily visible from a public street. Screening must be provided to obscure the view of any overhead doors visible from an adjoining parcel zoned for a residential use.
(C) Size limitations. When located in the Highway Business (HB) zoning district, the maximum floor area for this use is limited to 4,000 square feet, whether located in a single building or in a multi-tenant building.
(D) Fleet vehicles. When located in the Highway Business (HB) zoning district, fleet vehicles must be parked behind the rear of the building in a separate parking area. Screening must be provided to obscure the view of the parking area from an adjoining parcel zoned for a residential use. The maximum number of fleet vehicles that may be parked out of doors is dictated by the floor area of the building consistent with the table below.

Floor Area	Maximum Number of Fleet Vehicles
Less than 1,000 square feet	2
1,000 to 1,999 square feet	3
2,000 to 3,999 square feet	5
4,000 to 5,000 square feet	7

Figure: Side view of Multipurpose Business
__________________________________

Nursing home

A place where 5 or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require 24-hour nursing services, including limited nursing care, intermediate level nursing care, and skilled nursing services. The term does not include (1) a convent or facility owned or operated exclusively by and for members of a religious order that provides reception and care or treatment of an individual, (2) a hospice as defined in state law, or (3) a residential care apartment complex as defined in state law.
Note: See § 50.01 (3), Wis. Stats.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 6 beds; plus 1 space for each employee on the largest work shift

Supplemental Standards:
Development Requirements:
(A) State license. Prior to the establishment of this use, the operator must obtain a license from the state as provided for in § 50.02, Wis. Stats., and maintain the license for the life of the use or until the state no longer requires the license.
(B) Required green space. If this use is not located in a commercial zoning district, at least 30 percent of the parcel must remain undeveloped (i.e., landscaped).
(C) Setbacks. Principal buildings must be located at least 35 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Temporary note: Provisions from consultant

Office

A place where employees primarily perform administrative functions. Examples include real estate, insurance, information technology, accounting, architecture, engineering, and similar. The term does not include any other similar use that is otherwise included in Appendix B.

Off-site construction yard

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

Temporary note: Description from consultant

Supplemental Standards:
(A) Setback requirements. Outdoor storage areas and other activity areas must be located at least 40 feet from a property in a residential zoning district or a planned development district that allows residential uses and 20 feet from a property in a commercial zoning district.
(B) Site restoration. As part of the review process, the applicant must prepare and submit a restoration plan and obtain the approval of the same. The restoration plan must identify those areas of the parcel that will be disturbed and how those areas will be restored following the cessation of this temporary use.
(C) Financial guarantee. Prior to the establishment of an off-site construction yard, the property owner must submit a financial guarantee to the City pursuant to the requirements in Article 4 in an amount equal to 110 percent of the estimated cost of site restoration identified in the restoration plan that is approved for the project.

Open lands

Undeveloped land that is kept and managed in a natural state for the purpose of forest management; game management; protection of habitat, environmental features, scenic qualities, and land forms; biodiversity; and protection of flora and fauna. Such lands may include forests, woodlots, prairies, natural grasslands, and wetlands.

Temporary note: Description from consultant

Outdoor fireplace (new)

A free-standing fireplace (with a chimney) that is located out of doors. An outdoor fireplace may be located within or next to a deck or patio.

Temporary note: Description from consultant

Outdoor food and beverage service

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

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 6 seats

Supplemental Standards:
(A) Maximum size of service area. The size of the outdoor service area must not be more than 50 percent of the service area of the brewpub, restaurant, or tavern.
(B) Location of service area. The outdoor service area must be located on the same parcel of land as the brewpub, restaurant, or tavern or on an adjoining parcel. The outdoor service area must not be located in a public right-of-way, a required landscape area, or the setback of a front yard, side yard, shore yard, or rear yard.
(C) Consistency with alcohol license. Alcohol may not be served or consumed within the outdoor service area unless the alcohol license issued by the City explicitly states that consumption is permitted within the outdoor service area.
(D) Entrance to service area if alcohol is served. If alcohol is served, and upon recommendation of the police chief, the entrance or entrances to the outdoor service area must be exclusively through the brewpub, restaurant, or tavern, and a barrier such as a rope or fence must be erected to prevent entry to the outdoor service area by any other means. An emergency access gate may be provided if required by state law.
(E) Restroom requirements. The restroom facilities in the brewpub, restaurant, or tavern must be of sufficient capacity to serve both the indoor and outdoor patrons. Temporary toilet facilities are not permitted.
(F) Hours of operation. The outdoor service area may not remain open after the close of the brewpub, restaurant, or tavern.
(G) Outdoor lighting. Festoon lighting (i.e., lamps wired to a flexible cable) may be placed above the approved outdoor service area, provided (1) the lighting is only used when the outdoor service area can be used, (2) each bulb does not produce more than 200 lumens, and (3) the lighting levels at the property boundary line comply with the levels established in Article __.

Temporary note: Provisions from consultant

Diagram: Plan View

Outdoor kitchen (new)

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

Temporary note: Description from consultant

Outdoor play area (new)

An outdoor area on the same lot as a brewpub, restaurant, or tavern where customers can participate in outdoor games including cornhole, horseshoes, basketball, volleyball, dodgeball, and the like, but not pickleball.
Temporary note: Description from consultant

Supplemental Standards:
(A) Nature of use. The outdoor play area may be used for pickup games, league play, and tournaments of a local nature.
(B) Location of play area. The outdoor play area must be located on the same parcel of land as the brewpub, restaurant, or tavern or on an adjoining parcel. The outdoor play area must not be located in a required landscape area or the building setback area of the side yard, shore yard, or rear yard.
(C) Consistency with alcohol license. Alcohol may not be served or consumed within the outdoor play area unless the alcohol license issued by the City, explicitly states that consumption is permitted within the outdoor play area.
(D) Entrance to play area if alcohol is served. If alcohol is served, and upon recommendation of the police chief, the entrance or entrances to the outdoor play area must be exclusively through the brewpub, restaurant, or tavern, and a barrier such as a rope or fence must be erected to prevent entry to the outdoor play area by any other means. An emergency access gate may be provided if required by state law.
(E) Hours of operation. The outdoor play area may not remain open after the close of the brewpub, restaurant, or tavern or 9:00 pm, whichever is earlier, unless the Plan Commission determines a later time is acceptable given the nature of the use and the potential effects on surrounding properties.
(F) Fence. An outdoor play area may include a (sport court) fence on one or more sides as specified in Appendix A and B.
(G) Outdoor lighting. Outdoor lighting for an outdoor play area must comply with any standards adopted by the City.
(H) Parking for league play and tournaments. The outdoor play area may not be used for league play or tournaments when demand for parking is greater than what can be accommodated on site or with on-street parking in front of the subject property, if otherwise allowed.
Temporary note: Provisions from consultant

Outdoor recreation

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

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 3 patrons at design capacity; plus 1 for each employee on the largest work shift

Supplemental Standards:
(A) Hours of operation. The Plan Commission may establish hours of operation for this use when the operation may negatively affect surrounding properties.
(B) Site design considerations. The site must be designed to minimize the effects of outdoor lighting and noise on surrounding properties.
(C) Proximity to other districts. Activity areas must be located at least 300 feet from a property in a residential zoning district or a planned development district that allows residential uses.

Overnight lodging

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

Temporary note: Description from consultant

Vehicle Parking:
1 space for each guest room and 1 space for each employee on the largest work shift; plus any required parking for other uses such as restaurants or banquet facilities

Supplemental Standards:
(A) State permit. Prior to the establishment of a hotel or motel, the operator must obtain a hotel/motel permit from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain such permit for the life of the use or until the department no longer requires such permit.^[1]
(B) Location of customer entrance. A customer entrance to a hotel or motel that is located on the side or rear of the building must be located at least 100 feet from a parcel in a residential zoning district or a planned development district that allows residential uses.
___________________________________
[1] See ch. DHS 195, Wis. Admin. Code

Temporary note: Provisions from consultant

Park and ride lot

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

Temporary note: Description from consultant

Park, community

A place set aside for active and passive recreation and leisure facilities and activities. Examples of features in a park include playgrounds, pavilions, community recreation centers, picnic areas with open-sided shelters, multi-purpose trails, ball and racquet fields and courts, indoor and outdoor swimming pools, beaches, boat launches, sledding hills, and ice-skating. A community park is operated by a public entity for the benefit of the general public.

Park, dog

A fenced outdoor area where dogs can play, exercise, and socialize off-leash in a safe and controlled environment. A dog park may be divided into separate areas for small and large dogs and may include various amenities such as benches for owners, waste disposal stations, water fountains for dogs, agility equipment, and shade structures.

Temporary use: Description from consultant

Park, neighborhood

A place set aside for passive recreation and other low-impact leisure activities. Examples of features include playgrounds, open play fields, picnic areas with open-sided shelters, multi-purpose trails, sledding hills, and ice-skating. A neighborhood park may be operated by a public entity for the benefit of the general public or by a homeowners association for the benefit of its members.

Temporary note: Description from consultant

Parking lot

Any public or private land area designated and used for parking motor vehicles.

Temporary note: Description from consultant

Parking structure

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

Temporary note: Description from consultant

Party tent (new)

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

Temporary note: Description from consultant

Patio (new)

A hard-surfaced area used for outdoor living such as dining and lounging.

Temporary note: Description from consultant

Pergola (new)

A structure with columns that support a grid of beams and perpendicular rafters (i.e., dimensional lumber placed on edge). A pergola may be free-standing or attached to an exterior wall of a building. By definition, a pergola does not have a roof and is therefore not a building.

Temporary note: Description from consultant

Personal services

A place where services not otherwise included in any other service type category are offered directly to an individual by appointment or as a walk-in. The term includes beauty shops, barber shops, nail salons, massage establishments, and escort services. The term does not include adult entertainment which is a separate and different use.

Personal storage facility (indoor only?)

A place where individual storage units are offered for rent, lease, sale, or other arrangement.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 30 storage units when an office is provided; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(A) Minimum lot area. The minimum lot area for a personal storage facility is 2 acres.
(B) Access. Access to a cubicle must not open directly onto a public road right-of-way.
(C) Internal access drives. An internal access drive providing access to a storage unit must be hard surfaced.
(D) Storage of prohibited substances. A cubicle may not be used to store explosives, toxic substances, hazardous materials, or radioactive materials.
(E) Uses. Only uses that are accessory to storage may occur. Human habitation, fabrication, repair, sales of any type including garage sales, and any similar use are prohibited.
(F) Fencing of outdoor storage area. An area used for outdoor storage of operational vehicles, watercraft, and the like must be enclosed by a security fence as approved by the Plan Commission through the site review process.
(G) Setback of outdoor storage area. Outdoor storage areas must comply with the building setback standards for the zoning district in which the use is located.
(H) Gated access. If the facility has a gated access, the property owner must provide emergency access for the fire department and protective services.

Temporary note: Provisions from consultant
Verify - should outdoor storage be allowed? (F and G)

Place of worship

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

Temporary note: Description from consultant

Play structure (new)

A playhouse and recreational equipment, such as swings, slides, basketball hoops, and jungle gyms, normally found in a residential setting.

Temporary note: Description from consultant

Portable storage container

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

Temporary note: Description from consultant

Supplemental Standards:
(A) Number. There shall be no more than one portable storage structure per property.
(B) Size limitation. The portable storage structure shall be no larger than 10 feet wide, 20 feet long, and 10 feet high.
(C) Duration. The portable storage structure may not remain at a property in excess of 90 days.
(D) Setback. The portable storage structure must be setback a minimum of 5 feet from all property lines.
(E) Separation to building. The portable storage structure must be setback a minimum of 5 feet from the nearest wall of a building.
(F) Pad required. The portable storage structure must be placed on a paved or gravel surface.
(G) With construction project. Portable storage structures associated with a site where a building permit has been issued, are permitted for the duration of construction and must be removed from the site within 14 days of the end of construction. Portable storage structures associated with construction are exempt from the aforementioned conditions.

Temporary note: Provisions from consultant (verify source WB?)

Pot-bellied pig

A pig breed originating from Southeast Asia, characterized by its distinctive pot-bellied appearance, short legs, and a short tail and is kept by its owners as a household pet.
Temporary note: Definition from consultant

Private ambulance facility (current code)

A place serving as a base of operation for a private ambulance service that provides medical transportation primarily in non-emergency cases. This use may include an area for business and dispatch operations, training, storage of supplies and related equipment, crew quarters, and vehicle storage with light maintenance.

Temporary note: Description from consultant; need to confer with staff regarding Ordinance 2024-4

Public safety facility

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

Temporary note: Description from consultant

Public utility office and yard

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

Temporary note: Description from consultant

Railroad (new)

A linear strip of land with rail tracks and auxiliary facilities for track operation such as signal bungalows that is used to transfer commodities and/or passengers over long distances. The term does not include passenger stations, freight terminals, loading platforms, train sheds, warehouses, car or locomotive maintenance shops, and switchyards.

Temporary note: Description from consultant

Rain barrel

A container designed to hold rainwater that falls on a rooftop to be used for watering plants.

Rain garden

An excavated area that is back-filled with a prepared or amended soil mixture, which may or may not be covered with a mulch layer, and planted with a variety of woody or herbaceous vegetation, to which stormwater is directed to promote infiltration or evapotranspiration.

Temporary note: Description from consultant

Supplemental Standards:
(A) Guidance for residential properties. A rain garden on a residential lot should follow the guidelines in Rain Gardens: A Guide for Homeowners and Landscapers as published by the Wisconsin Standards Oversight Council and the Wisconsin Department of Natural Resources (DNR Publication PUB-WT-776 2018). A copy of this document is available online or from the zoning administrator.
(B) Guidance for commercial and other non-residential properties. A rain garden on a commercial and other non-residential lot should follow the technical standards in DNR Conservation Practice Standard 1009.

Temporary note: Provisions from consultant

Recording studio

A facility designed for sound recording, mixing, and audio production.

Temporary note: Description from consultant; note this use was recently added to the zoning code as a CU - Ordinance 2024-02.

Recreation trail

A linear path, not otherwise part of a public park, that is dedicated to non-motorized recreational uses such as hiking, biking, and cross-country skiing.

Temporary note: Description from consultant

Recycling center

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

Temporary note: Description from consultant

Restaurant, fast-food

A restaurant where (1) customers order food at a service counter and/or driveup window, (2) payment is made at the time the food and drink is received, and/or (3) food is predominantly served in disposable containers or receptacles. (In contrast see restaurant, standard)

Vehicle Parking:
_____

Bicycle Parking:
Recommended - 5 percent of required number of parking spaces, but not less than 6

Supplemental Standards:
(A) State permit. Prior to the establishment of a restaurant, the operator must obtain a restaurant permit from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain the permit for the life of the use or until the department no longer requires the permit.^[1]
(B) Grease trap. The restaurant must have a grease trap unless exempted by the wastewater treatment manager.
(C) Sampling manhole. The restaurant must have a sampling manhole unless exempted by the wastewater treatment manager.
(D) Exhaust systems. The exhaust system for a restaurant should be vented through the roof. Venting towards a residential building is prohibited unless there is no other feasible option as determined by the reviewing authority.
(E) Location of customer entrance. A customer entrance to a restaurant that is located on the side or rear of the building must be located at least 100 feet from a parcel in a residential zoning district or a planned development district that allows residential uses.
___________________________________
[1] See ch. DHS 196, Wis. Admin. Code

Restaurant, standard

A restaurant where (1) an employee of the restaurant takes food orders and/or serves the food while customers are seated at a table, (2) payment is made after the food and drink has been consumed, and/or (3) food is predominantly served on non-disposable containers or receptacles. A standard restaurant may include take out service so long as this use is clearly subordinate to the overall character of the restaurant. A restaurant may also prepare food as part of a catering business. The term does not include a grocery store with a food service section.(In contrast see restaurant, fast-food)

Temporary note: Description from consultant

Vehicle Parking:
1 space for every 3 seats (1 seat is equal to 10 square feet of dining floor area); plus 1 space for each employee on the largest work shift; plus 2 dedicated spaces for customer pick-up if offered

Supplemental Standards:
(A) State permit. Prior to the establishment of a restaurant, the operator must obtain a restaurant permit from the Wisconsin Department of Health Services, or the department’s authorized agent, and maintain the permit for the life of the use or until the department no longer requires the permit.^[1]
(B) Alcohol license. If the establishment serves alcohol, the operator must obtain an alcohol license from the City and maintain the license for the life of the use or until the license is no longer required.^[2]
(C) Grease trap. The restaurant must have a grease trap unless exempted by the wastewater treatment manager.
(D) Sampling manhole. The restaurant must have a sampling manhole unless exempted by the wastewater treatment manager.
(E) Exhaust systems. The exhaust system for a restaurant should be vented through the roof. Venting towards a residential building is prohibited unless there is no other feasible option as determined by the reviewing authority.
(F) Location of customer entrance. A customer entrance to a restaurant that is located on the side or rear of the building must be located at least 100 feet from a parcel in a residential zoning district or a planned development district that allows residential uses.
___________________________________
[1] See ch. DHS 196, Wis. Admin. Code
[2] The City can only issue a certain number of alcohol licenses. Please contact the City Clerk to determine if there are any available.

Temporary note: Provisions from consultant

Retail sales, 15,000 square feet or less

One or more establishments providing retail services in a single building with a floor area of 15,000 square feet or less. The goods offered for sale are primarily stored inside of an enclosed building. Examples include baked goods stores, candy/confectionary stores, clothing stores, pharmacies, florists, fruit and/or vegetable stores, bookstores, gift stores, grocery stores, hardware stores, hobby shops, meat, fish or poultry markets, optical stores, art studios, shoe stores, soda and ice cream stores, sporting goods stores, tobacco stores, and variety stores. The term does not include adult-oriented establishments or any other retail use defined in Appendix B.

Temporary note: Description from consultant

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

Bicycle Parking:
Recommendation - 2 percent of the number of required vehicle parking spaces, but not less than 6

Merchandise Loading:
1 small berth required for 6,000 to 12,499 square feet; 2 small berths for 12,500 to 24,999 square feet; 1 large berth for 25,000 to 39,999 square feet; 2 large berths for 40,000 to 99,999 square feet; 2 large berths plus 1 large berth for each additional 80,000 square feet over 100,000 square feet for more than 100,000 square feet (see § 490-___ for more on size requirements for small and large berths)

Supplemental Standards:
(A) Negative use agreement. A retail business must comply with the prohibition of negative use agreements in § 490.__.
(B) Reserved

Retail sales, more than 15,000 square feet

One or more establishments providing retail services in a single building with a floor area of more than 15,000 square feet. The goods offered for sale are primarily stored inside of an enclosed building. Examples include baked goods stores, candy/confectionary stores, clothing stores, pharmacies, florists, fruit and/or vegetable stores, bookstores, gift stores, grocery stores, hardware stores, hobby shops, meat, fish or poultry markets, optical stores, art studios, shoe stores, soda and ice cream stores, sporting goods stores, tobacco stores, and variety stores. The term does not include adult-oriented establishments or any other retail use defined in Appendix B.

Temporary note: Description from consultant

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

Bicycle Parking:
Recommendation - 2 percent of the required number of vehicle parking spaces

Merchandise Loading:
1 small berth required for 6,000 to 12,499 square feet; 2 small berths for 12,500 to 24,999 square feet; 1 large berth for 25,000 to 39,999 square feet; 2 large berths for 40,000 to 99,999 square feet; 2 large berths plus 1 large berth for each additional 80,000 square feet over 100,000 square feet for more than 100,000 square feet (see § 490-___ for more on size requirements for small and large berths)

Supplemental Standards:
(A) Negative use agreement. A retail business must comply with the prohibition of negative use agreements in § 490.___.
(B) Access requirements. The primary access for a retail sales operation with more than 15,000 square feet of floor area must be off of a major street as depicted on the City's zoning map.

Temporary note: Provisions from consultant

Retaining wall

A nearly vertical wall intended to hold back earth materials.

Temporary note: Description from consultant

Supplemental Standards:
(A) Survey required. When a retaining wall is located within 5 feet of the property boundary line, a survey is needed to ensure the retaining wall's proper location. (needed?)
(B) Maximum height. The maximum height of any retaining wall is 6 feet, measured from the surrounding grade to the top of the wall.
(C) Distance to lot line. The minimum distance from the front lot line is 3 feet, measured from the lot line to the face of the lowest course above grade. There is no setback to the rear-yard or side-yard lot lines. (verify) OR A retaining wall must be set back one foot for each vertical foot in height, up to the maximum height established in this part.
(D) Terrace separation. If multiple retaining walls are used, the minimum separation for the space (i.e., terrace) between the walls is 3 feet, measured from the back of the top course to the face of the lowest course above grade.
Temporary note: Provisions from consultant

Figure: Side view of a Retaining Wall
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Rooftop greenhouse (new)

A greenhouse on the uppermost level of a commercial or industrial building.

Temporary note: Description from consultant

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

Supplemental Standards:
(A) Legislative intent. Allowing a commercial greenhouse on the flat rooftop of a commercial or industrial building is consistent with the City's desire to foster sustainable urban agriculture. Commercial rooftop greenhouses (1) use a space that is otherwise not particularly useful, (2) increase access to locally grown, fresh food; (3) reduce transportation costs (e.g., food miles) by producing food closer to its point of consumption; (4) provide an additional source of income for property owners while contributing to a more sustainable urban environment; and (5) create jobs in urban farming, horticulture, and sustainable technology sectors.
(B) Light shades. When a greenhouse uses supplemental lighting for growing purposes, shades must be used from sundown to sunrise to prevent sky glow.
(C) Perimeter walk. A walkway at least 5 feet wide must be located around 75 percent of the greenhouse perimeter.
(D) Building height bonus. For the purpose of measuring building height, the measurement is taken from the surrounding grade to the midpoint of the greenhouse extending above the parapet walls.

Temporary note: Provisions from consultant

Diagram: Plan View

Rummage sale

A temporary event where used household items are offered for retail sale. A flea market is not a yard sale.
Note: Also known as garage sale or yard sale.

Temporary note: Description from consultant

Sale of vehicles and recreational equipment (new)

The intermittent sale of automobiles, trucks, vans, motorcycles, boats, snowmobiles, personal watercraft, self-contained motorized campers, and camping trailers as an accessory use to a principal use. The sale of such items is limited to those that have been titled and registered to an individual living on the property and had been operated for personal use.

Temporary note: Description from consultant

Supplemental Standards:
(A) Limits on what can be offered. All items posted for sale must be owned and, where applicable, licensed or titled to one or more of the members of the household owning and/or occupying the property from which such items are for sale.
(B) Number of items. No more than 2 items may be available and advertised for sale at any one time.
(C) Placement. All items that are available and advertised for sale must be located outside of all public street or highway rights-of-way and not closer than 10 feet from the perimeter boundaries of the subject property.
(D) Time limits. The time period during which a particular item is available and advertised for sale may not exceed 20 consecutive days and not more than 3 such periods per year.

Temporary note: Provisions from consultant

________________________________________________________
Advisory notes:
1. Individuals may sell up to 5 of their own vehicles each year without a dealer license from the Wisconsin Department of Transportation.

Salvage yard

A facility where old, damaged, or decommissioned vehicles and machinery are stored, dismantled, and recycled for parts and scrap materials.
Note: Also known as a junkyard or wrecking yard.

Temporary note: Description from consultant

School, K-12

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

Temporary note: Description from consultant

Seasonal retail sales

Retail sales of products, including but not limited to Christmas trees, nursery products, or agricultural produce, or special event celebrations.

Temporary note: Description from consultant - verify with city and other definitions

Secondhand store

A place where previously owned household items are sold at retail.

Temporary note: Description from consultant

Shared-use kitchen (new)

A commercial-grade kitchen that is open to community groups and local food entrepreneurs who produce food products for sale to restaurants, food stores, and other outlets that will sell the product to the ultimate consumer. A shared-use kitchen can be operated by a university or other secondary school, governmental agency, non-profit organization, or private company.

Temporary note: Description from consultant

Sidewalk café

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

Temporary note: Description from consultant

Supplemental Standards:
(A) Legislative findings. The Common Council makes the following legislative findings relating to sidewalk cafes:
(1) When properly designed and operated, sidewalk cafes can enhance the pedestrian ambiance of the City by promoting additional activity on city sidewalks and visual interest; enhance the appropriate use of existing public spaces; and increase economic activity in the area.
(2) The establishment of general standards is necessary to protect the public health safety and welfare.
(3) The imposition of permit conditions may be also necessary to protect the public health safety and welfare.
(B) General location. A sidewalk café may only be located along the frontage of the restaurant (see exhibit) but may not interfere with fire escapes, drop ladders, building access points, and other points of normal or emergency access. No portion of a sidewalk café may be located within 5 feet of a curb-cut or a marked pedestrian crosswalk.
(C) Unobstructed sidewalk. The area dedicated or used for the sidewalk cafe must maintain an unobstructed sidewalk of at least 4 feet. (See exhibit)
(D) Signage. Signs are not allowed in the sidewalk café except as otherwise allowed by the zoning regulations. Table-top menus are not considered signs for the purpose of this part.
(E) Furnishings. The operator must use, and maintain in good repair, safe and sturdy furniture, furnishings, and equipment which enhance the aesthetics of the surrounding area. Umbrellas and a floor covering are not allowed.
(F) Hours. A sidewalk café may only be open during the hours of the principal restaurant, but in no case may the sidewalk café be open from 10:00 pm to 7:00 am.
(G) Music/noise. The sidewalk café area may not have music directed to it from speakers nor may live music take place at the sidewalk café.
(H) Trash removal. The operator must remove all trash from the sidewalk café on a regular basis during business hours and keep the sidewalk café area in a clean, orderly, litter-free and hazard-free condition. The operator must remove litter from the abutting properties that may have come from the sidewalk café. The operator may provide covered trash containers for the customer. The operator may not place trash in any City trash containers.
(I) Restroom facilities. Facilities within the restaurant must be sufficient to adequately serve the additional seating and capacity provided by the sidewalk café as required by the State of Wisconsin Commercial Building Code.
(J) Non-smoking. Smoking in a sidewalk cafe is prohibited, pursuant to the authority in § 101.123 (4m), Wis. Stats, and § ______, municipal code.
(K) Alcohol. Alcohol may not be served or consumed in a sidewalk café.
OR
(K) Alcohol. The operator may sell and serve alcohol in a sidewalk café consistent with the following conditions:
(1) The operator has a valid and appropriate alcohol license for the principal premises.
(2) The alcohol license includes the sidewalk café area in the description of the licensed premises.
(3) The alcohol license permits the sale of the type of alcohol to be served at the sidewalk café.
(4) Alcohol is only sold and served to seated customers of the sidewalk café and are served by the licensee or licensee’s employees in compliance with all applicable laws, ordinances, and regulations.
(5) Alcohol may only be served when food service is available through the principal restaurant.
(6) The operator is responsible for policing the sidewalk café area to prevent underage persons from entering or remaining in the sidewalk café, except when underage persons are allowed to be present on the licenses premises under applicable laws.
(7) The operator may not allow patrons of the sidewalk café to bring alcohol from another location, carry open containers of alcohol about in the sidewalk café area, or leave the sidewalk café area with open containers of alcohol.
(8) The bar from which the alcohol is dispensed must be located indoors (i.e., not located in the sidewalk café area).
(9) Alcohol is not allowed between 10:00 pm and 7:00 am.
(L) Insurance. If the sidewalk is within a City right-of-way, the operator must provide and maintain insurance for the sidewalk café as follows :
(1) Commercial General Liability: $1,000,000 per occurrence/general aggregate.
(2) Workers Compensation: statutory.
(3) Employers Liability: $300,000 disease policy limit; $100,000 per employee.
The operator must provide, upon request, policies and endorsements. The policies shall be endorsed to name the city as an additional insured, and shall provide that the policies of insurance shall not be canceled or altered without 30 days prior written notice to the City. The insurance requirements are not intended to waive any immunity or statutory procedures that the City may have or be entitled to under provisions of law.
(M) Indemnification. The operator must sign an indemnification agreement provided by the city attorney prior to operation of the sidewalk café.
(N) State or county approvals. If a sidewalk café is located in a state or county right-of-way, the operator must also obtain the approval of such jurisdictions as appropriate and comply with any terms and conditions of that approval.

Temporary note: Provisions from consultant - will need to reconcile with city code

Two options - In first one, seating is only allowed along the wall face.

In the second, seating can be anywhere in sidewalk area as long as its in front of the restaurant and a clear area is maintained for pedestrians.

Single-family dwelling

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

Temporary note: Description from consultant

Vehicle Parking:
2 spaces

Supplemental Standards:
(A) Occupancy. Occupancy of a single-family dwelling unit is limited to one household unit.
(B) Number of principal dwellings per parcel. No more than one principal residential building may occupy any single parcel of land.
(C) Roof. The minimum roof pitch of a single-family dwelling is 4 to 12, except when a flat roof is integral to the architectural style of the dwelling. An overhang must extend at least 12 inches beyond the face of the exterior wall, except when integral to the architectural style of the dwelling (e.g., saltbox).
(D) Exterior materials. Suitable roof materials include slate, concrete, clay, or ceramic tiles; wood shingles or shakes; metal, fiberglass, or asphalt shingles; or standing seam panels. Suitable wall materials include stucco, wood siding, cement-fiber siding, vinyl siding, metal horizontal lap siding, wood shingles, or a masonry veneer. Consistent with the requirements in Article 5, the Plan Commission may approve a special exception authorizing the use of an exterior material that is not specifically listed.
(E) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(F) Garage requirements. An attached garage must be built concurrently with construction of the dwelling and must be at least 480 square feet, but not more than 48 percent of the floor area of the dwelling unit, or 960 square feet, whichever is less
(G) Overhead garage doors. An attached garage may not have more than 2 overhead doors. Overhead garage doors may not exceed a total of 20 feet in length and 10 feet in height. An existing attached garage may not be converted to another use and must be maintained as an attached garage at all times, unless a new attached garage is constructed to comply with the standards in this part. Nothing in this part prevents an enlargement of an existing attached garage consistent with these standards.
(H) Short-term rental. If a dwelling unit is used as a short-term rental, the property owner must comply with the licensing requirements established by the City.

Solar energy system, ground-mounted

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

Supplemental Standards:
(A) Surface area. For residential lots less than 30,000 square feet, the maximum area of a ground-mounted solar energy system is 120 square feet. The surface area of a ground-mounted solar energy system on all other lots may not exceed the area needed to accommodate 120 percent of the site's anticipated power demand.
(B) Maximum height. A ground-mounted solar energy system must not exceed 15 feet in height as measured from the surrounding grade.
(C) Setback. A ground-mounted solar energy system in any position must not extend into the setback of a front yard, side yard, shore yard, or rear yard as established for the zoning district in which the parcel is located. Pursuant to the procedures and requirements in Article 5, the Plan Commission may approve a special exception to allow a ground-mounted solar energy system to extend into a setback, offset, or buffer yard when no other location on the parcel is acceptable and the encroachment is the least necessary to allow the system to operate.
(D) Placement in yards. A ground-mounted solar energy system located in a residential or commercial zoning district shall only be located in the rear or side yard. Pursuant to the procedures and requirements in Article 5, the Plan Commission may approve a special exception to allow a ground-mounted solar energy system in the front yard when no other location on the parcel is acceptable and the encroachment is the least necessary to allow the system to operate. A solar panel in an industrial zoning district may be located in any yard area.
(E) Certification. A ground-mounted solar energy system must be certified by (1) Underwriters Laboratories, Inc.; (2) National Renewable Energy Laboratory; (3) Solar Rating and Certification Corporation; or (4) another recognized body as approved by the zoning administrator. The building inspector may approve the use of a homemade panel.
(F) Approval by electric utility company. If the solar energy system is designed to produce electricity, the property owner must submit documentation acceptable to the building inspector indicating that the system meets all applicable regulations and requirements of the affected electric utility company.
(G) Termination of use. If the zoning administrator determines that a ground-mounted solar energy system has not been operational for a continuous period of 12 months, the administrator must follow the procedure outlined in Article 5 relating to the termination of an approval.
(H) Solar access. The property owner may submit a solar access permit to the City pursuant to the provisions set forth in § 66.0404, Wis. Stats. (verify - this is optional)
(I) Compliance with state law. The provisions in this part are intended to satisfy the requirements of § 66.0401(1m), Wis. Stats. If a restriction in this part does not comply with the authority of § 66.0401(1m), Wis. Stats., the Plan Commission may on a case-by-case basis modify or waive such restriction. In addition, the Plan Commission shall have the ability to add additional restrictions on a case-by-case basis, provided they are within the authority of the City pursuant to § 66.0401(1m), Wis. Stats., and in particular the restriction shall satisfy one of the following conditions:
(1) Serves to preserve or protect the public health or safety.
(2) Does not significantly increase the cost of the system or significantly decrease its efficiency.
(3) Allows for alternative system of comparable cost and efficiency.

Temporary note: Provisions from consultant

Solar energy system, roof-mounted

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

Temporary note: Description from consultant

Supplemental Standards:
(A) Maximum surface area. Solar panels may not extend beyond the roof surface.
(B) Maximum height. A roof-mounted solar energy system must comply with the maximum height requirements of the zoning district in which the building is located.
(C) Mounting. Solar panels may be either fixed or movable and may be placed at an angle to optimize efficiency of the system.
(D) Certification. Solar panels must be certified by one of the following: Underwriters Laboratories, Inc.; National Renewable Energy Laboratory; Solar Rating and Certification Corporation; or other recognized body as approved by the zoning administrator. The building inspector may approve the use of a homemade panel.
(E) Approval by electric utility company. If the solar energy system is designed to produce electricity, the property owner must submit documentation acceptable to the building inspector indicating that the system meets all applicable regulations and requirements of the affected electric utility company.
(F) Termination of use. If the zoning administrator determines that more than 50 percent of the solar panels (measured by total area) have not been operational for a continuous period of 12 months, the administrator must follow the procedure outlined in Article 5 relating to the termination of an approval.
(G) Solar access. The property owner may submit a solar access permit to the City pursuant to the provisions set forth in § 66.0404, Wis. Stats. (verify - this is optional)
(H) Compliance with state law. The provisions in this part are intended to satisfy the requirements of § 66.0401 (1m), Wis. Stats. If a restriction in this part does not comply with the authority of § 66.0401 (1m), Wis. Stats., the Plan Commission may on a case-by-case basis modify or waive such restriction. In addition, the Plan Commission shall have the ability to add additional restrictions on a case-by-case basis, provided they are within the authority of the City pursuant to § 66.0401 (1m), Wis. Stats., and in particular the restriction must satisfy one of the following conditions:
(1) Serves to preserve or protect the public health or safety.
(2) Does not significantly increase the cost of the system or significantly decrease its efficiency.
(3) Allows for alternative system of comparable cost and efficiency.
Temporary note: Provisions from consultant

Solar power plant (new)

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

Temporary note: Description from consultant

Supplemental Standards:
(A) Minimum lot area. The minimum lot area for a solar power plant is 2 acres.
(B) Setbacks. Solar panels and other related structures may not be located in the building setback area. Additional setbacks may be required to mitigate noise and glare impacts, as identified through the site plan review process.
(C) Security fencing. With approval of the Plan Commission, a security fence (height and material to be established through the site plan review process) may be placed around the perimeter of the solar power plant. If a security fence is installed, knox boxes and keys must be provided at locked entrances for emergency personnel access.
(D) Identification sign. An identification sign, no larger than 18 inches by 24 inches, must be placed in a visible location near the primary entrance of the site that lists (1) the name of the facility owner/operator, (2) a telephone number to contact in case of an emergency, and (3) information relating to potential voltage hazards.
(E) Warning signs. Appropriate warning signage may be placed at the entrance and around the perimeter of the solar power plant project as approved through the site plan review process.
(F) Electric power lines. Power lines within a solar power plant must be placed underground, except that power lines that leave the project site may be overhead.
(G) Approval by electric utility company. The owner/operator must submit documentation acceptable to the zoning administrator indicating that the system meets all applicable regulations and requirements of the affected electric utility company.
(H) Landscaping. As part of the site plan review process the Plan Commission may require appropriate landscaping and/or other screening materials to help screen the solar power plant from public right-of-ways and neighboring residences. After reviewing the location of the facility and the visibility of the facility from public right-of-ways and adjoining properties, the Plan Commission may waiver or defer this landscape requirement to a later date.
(I) Outdoor lighting. Lighting of the solar power plant and accessory structures is limited to the minimum necessary for site security.
(J) Lease agreement. If the operator of the solar power plant does not own the land where the facility is to be located, the property owner and the operator must execute a lease agreement prior to any land-disturbing activity to address the rights and responsibilities of each party with respect to subs. (L) and (M) of this part.
(K) Ongoing maintenance. The solar power plant must be properly maintained and kept in a good condition, so as not to become a nuisance. Proper maintenance includes regular lawn and landscaping care, and painting and regular care of building(s), fences, and other improvements. Additionally, the site must be kept clear of junk and debris.
(L) Termination of approval. If the zoning administrator determines that the solar power plant is unsafe or otherwise defective or that the site has not produced any electricity for a continuous period of 12 months, the administrator must follow the procedure outlined in Article 5 relating to termination of the approval. Within 90 days after termination, the property owner must remove the solar power plant and all related equipment and improvements and restore the site to the satisfaction of the zoning administrator. In the event such work is not done within the 90-day period, the City has the right to use the financial guarantee to pay for such work.
(M) Financial guarantee. Prior to issuance of a building permit authorizing construction of a solar power plant, the applicant must submit a financial guarantee to the City pursuant to the requirements in Article 4. The amount of the financial guarantee is based on one or more cost estimates prepared by a qualified contractor as submitted by the property owner or obtained by the City to remove all of the equipment and related site improvements and restore the site to the satisfaction of the zoning administrator. The financial guarantee will be held until the solar power plant and related improvements are removed and the site restored to the satisfaction of the zoning administrator.
(N) Solar access. The property owner may submit a solar access permit to the City pursuant to § 66.0403, Wis. Stats.

Temporary note: Provisions from consultant

Solid waste transfer station (new)

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

Temporary note: Description from consultant

Sport court (new)

A hard-surfaced area located out of doors used exclusively for basketball, pickleball, tennis, or other similar sports-related activity. This term does not include any portion of a private driveway that is also used for a sport-related use.

Temporary note: Description from consultant

Supplemental Standards:
(A) Use. Those using the sport court are limited to those people living on the subject property and their invited guests. In this regard, advertising the use of the sport court by others is strictly prohibited.
(B) Location. A sport court may not be located in a front yard. A sport court must comply with the setback standards for principal buildings for the zoning district in which the use is located.
(C) Fence. A sport court may include a fence on one or more sides as specified in Appendix A and B.
(D) Outdoor lighting. Outdoor lighting for a sport court must comply with the standards in Article 19.

Stormwater management facility

Any manmade feature intended to affect the direction, rate and/or volume of stormwater runoff, snowmelt and/or channelized flows across, within and/or away from a site. Examples include raingardens, swales, ditches, culverts, drains, tiles, gutters, levees, basins, and detention and retention facilities, but not including impoundments and dams.

Temporary note: Description from consultant

Swimming pool

An outdoor structure placed on the ground or below ground that is filled with water for swimming. The term does not include those pools with a maximum diameter of 15 feet and a maximum wall height of 15 inches and which are taken down and stored in the off-season.

Temporary note: Description from consultant - need to reconcile with city code.

Supplemental Standards:
(A) Use. Those using the swimming pool are limited to the occupants of the subject property and their invited guests. In this regard, advertising the use of the swimming pool by others is strictly prohibited.
(B) Location. A swimming pool must comply with the yard requirements for principal buildings in the zoning district in which they are located.
(C) Fencing. A swimming pool must be surrounded by a fence not less than 4 feet or more than 6 feet in height with a self-latching gate. Sidewalls of an above-ground pool 4 feet high may be used in lieu of a fence. For an above-ground pool, a tip-up ladder may be provided in lieu of a gate.
(D) Pool cover. A pool cover may be used, but does not satisfy the fencing requirement.
(E) Draining of water. Water that is drained out of a swimming pool may not flow onto an adjoining property, into a wetland or any body of water, or into a sanitary sewer without the approval of the public works director or equivalent.

Temporary note: Need to reconcile with current city code

Tavern

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

Temporary note: Description from consultant

Vehicle Parking:
1 space for every 3 seats (1 seat is equal to 10 square feet of dining/service floor area); plus 1 space for each employee on the largest work shift

Supplemental Standards:
(A) Alcohol license. Prior to the establishment of a tavern, the operator must obtain an alcohol license from the City and maintain the license for the life of the use or until the license is no longer required.^[1]
(B) Compliance with state requirements. A tavern must comply with requirements as may be adopted by the state of Wisconsin.
(C) Location of customer entrance. A customer entrance to a tavern that is located on the side or rear of the building may not be located within 50 feet of a parcel in a residential zoning district or planned development district that allows residential uses as the predominant land use.

___________________________________
[1] The City can only issue a certain number of alcohol licenses. Please contact the City Clerk to determine if there are any available.

Temporary note: Provisions from consultant

Telecommunication tower and Class 1 collocation

A free-standing tower with or without an equipment compound that is intended for the placement of one or more mobile service facilities or the placement of a new mobile service facility on an existing support structure which constitutes a substantial modification.
Note: This definition is based on the corresponding definitions in § 66.0404, Wis. Stats.

Temporary note: Description from consultant

Vehicle Parking:
1 space

Supplemental Standards:
(A) Legislative findings. The Common Council makes the following legislative findings with regard to telecommunication towers providing mobile telecommunication services:
(1) The state legislature passed 2013 Wisconsin Act 20 (Section 1269 (I)) that imposed limits on local municipalities with respect to regulating telecommunication facilities within their jurisdictions.
(2) The federal government adopted the Telecommunications Act of 1996 which established various requirements relating to telecommunication facilities.^[1]
(3) The regulations in this part are intended to promote the public health, safety, and welfare, while at the same time not unduly restricting the development of needed telecommunications facilities.
(4) The regulations in this part are intended to accomplish the following purposes, to the fullest extent permitted by law: (i) protect the visual character of the City from the potential adverse effects of telecommunication facilities; (ii) ensure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided; (iii) create and preserve telecommunication facilities that will serve as an important and effective part of the City's emergency response network; (iv) minimize the number of towers by requiring collocation; and (v) avoid damage to adjoining properties by establishing setback standards.
(B) Federal requirements. A telecommunication tower must comply with all applicable requirements of the Federal Communications Commission, the Federal Aviation Administration, and any other federal agency with authority to regulate telecommunication facilities. In the event of a conflict between federal law and this part, federal law shall prevail.
(C) Single parcel. The fall zone and all structures related to the telecommunication facility must be located on a single parcel, including the tower, equipment compound, and anchor points for a guyed tower.
(D) Setbacks. The center of the tower may not be located closer to a property boundary line than the height of the tower. If the lot hosting the proposed tower is not located adjacent to a parcel where a single-family residence may be located and the applicant submits an engineering certification with the application that show the fall zone is smaller than this distance, the fall zone must be the smaller calculated area, unless the City provides the applicant with substantial evidence that the engineering certification is flawed.^[2]The fence around anchor points for a guyed tower must be located at least 25 feet from a property boundary line.
(E) Security fencing. A tower and related equipment compound consisting of equipment buildings, shelters, and cabinets, must be enclosed by a security fence (height and material to be established through the site plan review process). If the tower is a guyed tower, each of the anchor points must be enclosed by a security fence.
(F) Lighting. A tower or any attachment may not be artificially lighted, except when specifically required by a state agency, the Federal Aviation Administration (FAA), or another federal authority. Such required lighting must be the least obtrusive to the surrounding views.
(G) Aesthetic requirements. All users of the City right-of-way must comply with the following aesthetic standards:
(1) In areas where facilities are currently nonexistent or underground, undergrounding is required.
(2) No new above-ground structures, including co-locations on existing structures, may be placed within 500 feet of historic structures or historic districts designated by the National Register of Historic Places in Wisconsin or listed on the State Register of Historic Places. The 500-foot separation is waived for installations that are completely concealed from view, or are not visible from locations where the historic structure can be observed.
(3) Attachments to existing structures must be designed to be flush with the existing structure as much as can reasonably be done, must be a color that matches the existing structure and must be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment must be modified to match the new color.
(4) Any party objecting to the requirements of this subsection has the opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of State or Federal law as set forth in § __.__.
(H) Equipment buildings. The exterior of equipment buildings, shelters, and cabinets exceeding 1,500 cubic feet must be covered with building materials typically used on buildings found in the area.
(I) Emergency power system. A backup generator may be placed within the equipment compound.^[3]
(J) Identification sign. An identification sign no larger than 18 inches by 24 inches must be placed in a visible location near the base of the tower that lists (1) the name of the tower owner, (2) the Federal Communications Commission identification number, and (3) a telephone number to contact in case of an emergency.
(K) Accommodation of other users on new towers (collocation). A tower over 150 feet in height, along with the tower site and all support facilities and appurtenances, must accommodate at least two additional users, unless the zoning administrator determines that evidence presented by the tower operator demonstrates it is not technically feasible to do so. Further, the tower operator and their successors in interest must allow other users to use the tower, the tower site, support facilities, and appurtenances at fair market rates as negotiated by those parties. If the Plan Commission determines the tower operator has made access to the tower and tower site unfeasible, the zoning administrator must notify the tower operator via registered mail of such determination. If the tower operator does not take corrective action within 45 days of such determination, the permit for that tower is null and void and the tower must be removed and the site restored within 90 days of such determination.
(L) Requirement for collocation. A new tower may only be permitted if the applicant demonstrates with a sworn statement that collocation on an existing or planned tower within the applicant’s search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.^[4] If the applicant does not provide such analysis and sworn statement, the application for a new tower must be denied.^[5]
(M) Collocation review. The collocation of an antenna or antenna array on an existing tower is permitted subject to site plan, building plan, and plan of operation review.
(N) Landscaping. Landscaping must be placed around the equipment enclosure and anchor points for guyed towers consistent with a landscaping plan as approved by the Plan Commission. After reviewing the location of the facility and the visibility of the facility from public right-of-ways and adjoining properties, the Plan Commission may waive this landscape requirement or defer the requirement to a later date.
(O) Lease agreement. If the operator of the telecommunication tower does not own the land where the facility is to be located, the property owner and the operator must execute a lease agreement prior to any land-disturbing activity. Such agreement must be binding on future property owners and future operators and address the rights and responsibilities of each party with respect to subs. (Q) and (R) of this part.
(P) Ongoing maintenance. The subject property must be maintained and kept in a good condition, so as not to become a nuisance as determined by the Plan Commission. Proper maintenance includes regular lawn and landscaping care, and painting and regular care of building(s), fences, towers, and other improvements. Additionally, the site must be kept clear of junk and debris.
(Q) Termination of approval. If the zoning administrator determines that the tower is unsafe or otherwise defective or that the tower has not hosted an operational antenna for a continuous period of 12 months, the administrator will then follow the procedure outlined in Article 5 (Specific Procedural Requirements) relating to termination of the approval. Within 90 days after the date of termination, the property owner must remove the tower, equipment cabinets, and all related equipment and improvements that are part of its communication facilities and restore the site to the satisfaction of the zoning administrator. In the event such work is not done within the specified period, the City has the right to use the financial guarantee as required by this part to pay for such work.
(R) Financial guarantee. Prior to issuance of a building permit authorizing construction of a tower, the applicant must submit a financial guarantee to the City subject to the requirements in Article 4 (General Procedural Requirements),. The amount of the financial guarantee is based on one or more cost estimates prepared by a qualified contractor as submitted by the property owner or obtained by the City to remove the tower, equipment compound, and related site improvements and restore the site to the satisfaction of the zoning administrator.^[6] The financial guarantee will be held until the tower, equipment compound, and related site improvements are removed and the site is restored to the satisfaction of the zoning administrator.
(S) Third-party consultant. The zoning administrator may, at the applicant’s expense, hire a third-party consultant to conduct an objective analysis of the submitted materials including the application, calculation of the fall zone, and certification that collocation is not possible. The third-party consultant may not charge the applicant for any travel expenses incurred in such review.^[7]
(T) Duration of approval. The approval runs with the land and is binding on successors in interest.^[8]
________________________________________________________
[1] See § 704 of the act in particular.
[2] See § 66.0404 (2)(g), Wis. Stats.
[3] See § 66.0404 (4)(j), Wis. Stats.
[4] See § 66.0404 (2)(b)6, Wis. Stats.
[5] See § 66.0404 (2)(e), Wis. Stats.
[6] See § 66.0404 (4)(f), Wis. Stats.
[7] See § 66.0404 (4)(f), Wis. Stats.
[8] See § 66.0404 (4)(n), Wis. Stats.

Telecommunication, Class 2 colocation

The placement of a new mobile service facility on an existing support structure which does not constitute a substantial modification.
Note: This definition is based on the corresponding definition in § 66.0404, Wis. Stats.

Temporary note: Description from consultant

Temporary extractive operations

Forthcoming --- see Article XXVI for provisions to be incorporated in the description and supplemental standards.

Thermal power plant

An industrial facility designed to generate electricity by converting water into steam to drive turbines connected to a generator.

Temporary note: Description from consultant

Tobacco/vape/smoke store (new)

A commercial establishment specializing in the retail sale of tobacco, cigarettes, cigars, vapes, paraphernalia and associated items, including the small-scale blending of tobaccos. The term does not include a retail store where the sale of tobacco, cigarettes, cigars, vapes, paraphernalia and associated items is not the primary retail offering (e.g., grocery store, gas station).

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 350 square feet of floor area for retail sales; plus 1 space for each employee on the largest work shift

Bicycle Parking:
Recommended - 9 percent of required vehicle parking spaces, but not less than 2

Supplemental Standards:
(A) City license. Prior to the establishment of this use, the operator must obtain a cigarette and tobacco products retailers license from the City of Port Washington, if so required, and maintain the license for the life of the use or until the city no longer requires the license.
(B) Proximity to same use. A tobacco/vape/smoke store may not be located within 1,000 feet of another tobacco/vape/smoke store. For the purpose of this part, the distance is measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building containing the tobacco/vape/smoke store to the outer wall of the building containing the other specified land use. If one or both of the specified land uses are located in a multi-tenant building (e.g., shopping center), the measurement is taken from the outer boundary of such space (i.e. from the outer edge of the party wall or the outer wall). The presence of a village, city, county, or other political subdivision boundary is irrelevant for purposes of applying the separation requirements of this part.
(C) Proximity to other specified uses. A tobacco/vape/smoke store may not be located within 300 feet of an elementary or secondary school or a municipal park. For the purpose of this part, the distance is measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building containing the tobacco/vape/smoke store to the lot line of the parcel containing the other specified land use. If the tobacco/vape/smoke store is located in a multi-tenant building (e.g., shopping center), the measurement is taken from the outer boundary of such space (i.e. from the outer edge of the party wall or the outer wall). The presence of a village, city, county, or other political subdivision boundary is irrelevant for purposes of applying the separation requirements of this part.

Temporary note: Provisions from consultant

Topsoil removal and sale

A place where topsoil is removed and temporarily stored for no more than 3 years. The topsoil must be derived from an on-site land development project and/or will be used on site.

Temporary note: Description from consultant

Townhouse, 2 units

A building containing 2 dwelling units that are separated by a party wall that extends from the ground to the roof and each of the units are located on a separate lot and have a separate entrance. The term includes various construction types including modular, panelized, pre-cut, and site-built.
Note: Also known as single-family attached, zero-lot-line duplex, or twin home.

Vehicle Parking:
2 spaces for each dwelling unit

Supplemental Standards:
(A) Occupancy. Occupancy of a dwelling unit is limited to one household unit.
(B) Number of principal dwellings per parcel. No more than one principal residential building shall occupy any single parcel of land.
(C) Roof. The minimum roof pitch of a twin home is 4 to 12, except when a flat roof is integral to the architectural style of the dwelling. An overhang must extend at least 12 inches beyond the face of the exterior wall, except when integral to the architectural style of the dwelling (e.g., saltbox).
(D) Exterior materials. Suitable roof materials include slate, concrete, clay, or ceramic tiles; wood shingles or shakes; or metal, fiberglass, or asphalt shingles; or standing seam panels. Suitable wall materials include stucco, wood siding, cement-fiber siding, vinyl siding, metal horizontal lap siding, wood shingles, or a masonry veneer. Consistent with the requirements in Article 5, the Plan Commission may approve a special exception authorizing the use of an exterior material that is not specifically listed.
(E) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(F) Garage required. A two-car garage containing at least 430 square feet must be built for each dwelling unit at the same time the twin home is being constructed. Such garage may be attached or detached.
(G) Overhead garage doors. An attached garage may not have more than 2 overhead doors. Overhead garage doors may not exceed a total of 20 feet in length and 10 feet in height. An existing attached garage may not be converted to another use and must be maintained as an attached garage at all times, unless a new attached garage is constructed to comply with the standards in this part. Nothing in this part prevents an enlargement of an existing attached garage consistent with these standards.
(H) Fire separation. The dwelling units must be separated by a fire wall meeting applicable building codes that is generally perpendicular to the front lot line.
(I) Utility service. Dwelling units in a twin home must have separate connections for sanitary sewer, municipal water, and other available utilities. Both of the dwelling units may be served by a single sanitary service line if addressed in the written agreement required below.
(J) Written agreement required. Dwelling units in a twin home must be subject to a joint cross-access and maintenance agreement that is recorded with each lot in the Dodge/Washington County register of deeds office.
(K) Short-term rental. If a dwelling unit is used as a short-term rental, the property owner must comply with the licensing requirements established by the City.

Townhouse, 3 to 8 units

A building containing 3 to 8 dwelling units that are separated by a party wall that extends from the ground to the roof and each of the units are located on a separate lot and have a separate entrance.
Note: Also known as single-family attached or rowhouse.

Temporary note: Description from consultant; the number of units is used to differentiate potential requirements

Vehicle Parking:
2 spaces for each dwelling unit

Supplemental Standards:
(A) Occupancy. Occupancy of a dwelling unit is limited to one household unit.
(B) Building coverage. No more than 70 percent of the lot area may be occupied by a building.
(C) Utility service. Each dwelling unit must have independent service connections to all utilities, including water, sewer, and electricity. Two or more of the dwelling units may be served by a single sanitary service line if addressed in the written agreement required below.
(D) Subsequent divisions. A townhouse may not be further subdivided.
(E) Driveways. When more than one garage is located in the front of a townhouse, a common driveway must be used whenever possible.
(F) Front entrances. The front entrance to each dwelling unit must be clearly visible from the street on which it fronts and accentuated by a porch or other architectural feature.
(G) Four-sided architecture. All four sides of the building must be similar in articulation and use of exterior materials.
(H) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(I) Garage required. A one-car garage containing at least 200 square feet must be built for each dwelling unit at the same time the townhouse is being constructed. Such garage may be attached or detached.
(J) Fire separation. Each dwelling unit in a townhouse must be separated from the abutting unit by a fire wall meeting applicable building codes.
(K) Accessory buildings. The floor area of accessory buildings, excluding garages and carports, may not exceed 120 cumulative square feet.
(L) Written agreement required. Dwelling units in a townhouse must be subject to a joint cross-access and maintenance agreement. Such agreement must be recorded with each lot in the Dodge/Washington County register of deeds office.
(M) Short-term rental. If a dwelling unit is used as a short-term rental, the property owner must comply with the licensing requirements established by the City.

Temporary note: Provisions from consultant

Townhouse, 9 to 15 units

A building containing 9 to 15 dwelling units that are separated by a party wall that extends from the ground to the roof and each of the units are located on a separate lot and have a separate entrance.
Note: Also known as single-family attached or rowhouse.

Temporary note: Description from consultant; the number of units is used to differentiate potential requirements

Townhouse, more than 15 units

A building containing more than 15 dwelling units that are separated by a party wall that extends from the ground to the roof and each of the units are located on a separate lot and have a separate entrance.
Note: Also known as single-family attached or rowhouse.

Temporary note: Description from consultant; the number of units is used to differentiate potential requirements

Vehicle Parking:
2 spaces for each dwelling unit

Supplemental Standards:
(A) Occupancy. Occupancy of a dwelling unit is limited to one household unit.
(B) Building coverage. No more than 70 percent of the lot area may be occupied by a building.
(C) Utility service. Each dwelling unit must have independent service connections to all utilities, including water, sewer, and electricity. Two or more of the dwelling units may be served by a single sanitary service line if addressed in the written agreement required below.
(D) Subsequent divisions. A townhouse may not be further subdivided.
(E) Driveways. When more than one garage is located in the front of a townhouse, a common driveway must be used whenever possible.
(F) Front entrances. The front entrance to each dwelling unit must be clearly visible from the street on which it fronts and accentuated by a porch or other architectural feature.
(G) Vertical offsets. When a building includes 5 or more dwelling units, a vertical offset of at least 2 feet between each adjoining dwelling unit is required.
(H) Four-sided architecture. All four sides of the building must be similar in articulation and use of exterior materials.
(I) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(J) Garage required. A one-car garage containing at least 200 square feet must be built for each dwelling unit at the same time the townhouse is being constructed. Such garage may be attached or detached.
(K) Fire separation. Each dwelling unit in a townhouse must be separated from the abutting unit by a fire wall meeting applicable building codes.
(L) Accessory buildings. The floor area of accessory buildings, excluding garages and carports, may not exceed 120 cumulative square feet.
(M) Written agreement required. Dwelling units in a townhouse must be subject to a joint cross-access and maintenance agreement. Such agreement must be recorded with each lot in the Dodge/Washington County register of deeds office.
(N) Short-term rental. If a dwelling unit is used as a short-term rental, the property owner must comply with the licensing requirements established by the City.

Temporary note: Provisions from consultant

Transit center

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

Temporary note: Description from consultant

Transitional housing center (new)

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

Temporary note: Description from consultant

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

Supplemental Standards:
(A) Requirements for operator. A transitional housing center must be managed by an organization operating a program approved by the state of Wisconsin pursuant to ch. 51, Wis. Stats., and all relevant administrative rules including chs. DHS 72, DHS 75, and DHS 94, Wis. Admin. Code.
(B) Other approvals. A transitional housing center must be approved by all applicable government entities having authority under law to license or authorize the operation.
(C) Number of residents. The maximum number of residents at a transitional housing center at any time is 15.

Temporary note: Provisions from consultant; need to reconcile with 485-166 (D)(8).

Truck stop

A place where fuels primarily for tractor trucks are offered for retail sale. Ancillary uses are limited to retail sale of motor vehicle fuel for cars, motorcycles, and light trucks; retail sale of food and beverages; a restaurant; sleeping quarters; overnight parking; a truck wash; truck scales; tire repair and sales; light maintenance activities, such as engine tune-ups, lubrication, and minor repairs; and other incidental uses customarily associated with a truck stop. The term does not include transferring or off-loading of goods, or long-term storage or parking of vehicles.

Temporary note: Description from consultant

Truck terminal

A place where goods primarily carried by motor transport are received and temporarily stored until transferred to another truck for delivery and/or a place where a company stores its fleet of trucks. This use may include the following provided they are individually and collectively incidental and subordinate: repair, washing, refueling, and maintenance facilities for trucks using the terminal; and administrative offices for the terminal.

Temporary note: Description from consultant

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

Supplemental Standards:
(A) Setback of outdoor storage area. Outdoor storage areas and other activity areas must be located at least 500 feet from a property in a residential zoning district or a planned development district that allows residential uses.
(B) Control of fugitive dust. As part of the site plan review process, the control of fugitive dust generated by this use must be addressed.
(C) Access. The primary access for this use must be off of a major street as depicted on the City's zoning map.

Temporary note: Provisions from consultant

Truck-trailer rental establishment

A place where trucks, utility trailers, and related items are kept and rented out, generally to those moving their personal and household belongings. This use may include the repair of such vehicles and trailers as a subordinate use to the extent deemed appropriate by the Plan Commission.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 7 trucks and trailers potentially stored on site, plus 1 space for each employee on the largest work shift

Supplemental Standards:
(A) Placement. When located in a commercial zoning district, trucks and trailers may not be stored in the front yard setback, the side yard setback, or the rear yard setback.
(B) Limitations on number. When located in a commercial zoning district, no more than a total of 15 trucks and trailers may be stored on site.
(C) Limitations on type. When located in a commercial zoning district, trucks and trailers are limited to those that (1) have no more than two axles per unit, (2) have a maximum box length of 17 feet, (3) have a maximum height of 12 feet, and (4) do not require a commercial driver’s license to operate.
(D) Site plan. The location on the property where trucks and trailers may be stored must be clearly indicated on an approved site plan.

Utility installation, major

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

Temporary note: Description from consultant

Utility installation, minor

A utility installation generally having low impact on neighboring property. The term includes public water system wells, without a tower; below ground sewer lift stations; and stormwater pumping stations.

Temporary note: Description from consultant

Vehicle fuel station

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

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 250 square feet of floor area for retail sales; plus 1 space for each employee on the largest work shift (standard from consultant)

Supplemental Standards:
(A) Street access. A vehicle fuel station must front on and take access off of a major street as depicted on the City's zoning map.
(B) Restroom facilities. If a vehicle fuel station provides restroom facilities, the door to each restroom must be accessed from within the interior of the building in which they are located.
(C) Fuel pump setbacks. A fuel pump must be located at least 50 feet from a property in a residential zoning district or a planned development district that allows residential uses and at least 30 feet from a property in a nonresidential zoning district, but not less than 20 feet to the front lot line, 20 feet to a side lot line, and 20 feet to a rear lot line.
(D) Pump island canopy height. The maximum height of a pump island canopy is 18 feet from the surrounding grade.
(E) Fuel canopy setbacks. A pump island canopy must be located at least 50 feet from a property in a residential zoning district or a planned development district that allows residential uses and at least 30 feet from a property in a nonresidential zoning district, but not less than 20 feet to the front lot line, 20 feet to a side lot line, and 20 feet to a rear lot line.
(F) Vehicle stacking. The approved site plan must show a stacking area to accommodate vehicles waiting for service consistent with the design standards in § 510-__. The stacking area must accommodate at least 2 vehicles in front of each pump island.
(G) Lighting. Under canopy lighting is strictly limited to recessed fixtures.
(H) Surface. All vehicle use areas must be concrete or a bituminous material capable of supporting a 4-ton axle load.

Temporary note: Provisions from consultant

Vehicle repair shop

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

Temporary note: Description from consultant

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

Supplemental Standards:
(A) Work area. Motor vehicles may not be serviced or repaired outside of the principal building.
(B) Vehicle storage. When a vehicle repair shop is located in a commercial zoning district, no more than 10 motor vehicles may be stored out-of-doors overnight. When located in an industrial zoning district, if otherwise allowed, there is no limitation on the number of motor vehicles that can be stored overnight. Storage of unlicensed vehicles is strictly prohibited.

Temporary note: Provisions from consultant

Vehicle sales and service

A place where new and used cars, light trucks, and motorcycles are offered for rent, sale, lease, or exchange, or are taken on consignment. This use may include the repair of such vehicles as a subordinate use to the extent deemed appropriate by the Plan Commission. The display of boats, heavy machinery, construction equipment, recreational vehicles, snowmobiles, all-terrain vehicles (ATVs) and similar is not allowed.

Temporary note: Description from consultant

Vehicle Parking:
1 space for each 400 square feet of showroom floor area; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(A) State license. Prior to the establishment of this use, the operator must obtain a motor vehicle dealer license from the Wisconsin Department of Transportation and maintain the license for the life of the use or until the state no longer requires the license.^[1]
(B) Show room. An indoor vehicle display area must be provided that is at least 12 feet by 20 feet. If only motorcycles are sold, the indoor vehicle display area needs to be large enough to display at least 3 motorcycles.^[2]
(C) Setback for display area. Display areas and other activity areas must be located at least 30 feet from a property in a residential zoning district or a planned development district that allows residential uses and 10 feet from a property in a commercial zoning district.
(D) Junk vehicles. Junk vehicles and inoperable vehicles must be kept inside of an enclosed building.
___________________________________
[1] See ch. 218, Wis. Stats.
[2] See § TRANS 138.03 (a), Wis. Admin. Code

Temporary note: Provisions from consultant

Vehicle service shop

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

Temporary note: From consultant

Vehicle storage yard (new)

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

Temporary note: Description from consultant

Veterinary clinic

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

Temporary note: Description from consultant

Wind energy system, less than one megawatt

A wind energy system that has a nominal capacity less than one megawatt (1,000 kilowatts).

Temporary note: Description from consultant, under review by attorney

Wind energy system, one megawatt and more

A wind energy system that has a nominal capacity of at least one megawatt (1,000 kilowatts).

Temporary note: Description from consultant, under review by attorney

Wind test tower

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

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Zoning Code | Land Uses