City of Bayfield - Land Uses

Amateur radio and/or citizens band antenna

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

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, I-1, P-1, R-1, R-3

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 be no closer than 110 percent of the total height of the antenna to a lot line and overhead electric lines.

Exterior communication device

An antenna used to capture wireless telecommunication signals.

Accessory building, nonresidential

A building intended to house motor vehicles, yard equipment, and/or items related to the principal use of the premises. A detached building customarily found with a non-residential useas an accessory use. The term includes detached garages, storage sheds, and the like.

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, I-1, P-1

Supplemental Standards:
(A) Number and floor area. The number of non-residential accessory buildings and the floor area must comply with standards set forth 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 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. A non-residential accessory building may include a single compartment bar sink and a half bath (e.g., sink and toilet).

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.

Districts Where Allowed Permitted by Right: R-1, R-3

Supplemental Standards:
(A) Number and floor area. The number of residential accessory buildings and the floor area must comply with standards set forth in Appendix C.
(B) 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.
(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 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. 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.
(F) Garages in embankments in front yards. A detached garage may be erected within the front yard when the mean natural grade of the front yard is more than 8 feet above the curb level, provided: (1) the front of the building is at least 5 feet from the front lot line; (2) the floor level of the building is no more than one foot above the curb level; and (3) at least one-half the height of the building is below the mean grade of the front yard.

Accessory dwelling unit (ADU)

A second dwelling unit located on a single parcel with a principal dwelling unit and is subordinate to the principal dwelling unit.

Districts Where Allowed Permitted by Right: R-1

Vehicle Parking:
One parking space, covered or uncovered, shall be provided in addition to the required parking for the primary residence as determined at the time such application is made. If the accessory unit has two bedrooms, a second space must be provided, for a total of two additional parking spaces. If a standard parking arrangement cannot be accommodated, then one standard space may be provided in tandem for the primary residence within the driveway portion of the front yard or exterior side yard setback if it does not block the parking for the accessory unit.

Supplemental Standards:
(A) Legislative intent. Accessory dwelling units represents a way to increase the housing stock in the City and promote housing choice and affordability. Accessory dwelling units must be compatible with the surrounding area and must be clearly subordinate to the principal dwelling unit.
(B) Location. An attached accessory dwelling unit must comply with the side-yard and rear-yard setbacks for a principal building in the district. A detached accessory dwelling unit must comply with the side-yard and rear-yard setbacks for an accessory building in the district.
(C) Character of building. Any exterior changes or additions for an accessory dwelling unit must be constructed of similar materials and must be architecturally compatible with the principal dwelling unit.
(D) Size limitation. The floor area of the accessory dwelling unit must not be more than 65 percent of the total floor area of the principal dwelling unit
(E) Number. There shall be no more than one accessory dwelling unit on the subject property.
(F) Lot area. The lot containing an accessory dwelling unit must be at least 2,500 square feet greater than the minimum lot area for the zoning district in which the lot is located. (proposed)
(G) Owner occupancy required. The property owner must occupy either the principal dwelling unit or the accessory dwelling unit.

(H) Transient occupancy prohibited. No accessory dwelling unit shall be used for transient occupancy. (Question: What about short-term rentals? How is this monitored/enforced?)
(I) Height. The accessory dwelling unit must not exceed the height of the principal building on the property. (Question: what about an ADU above a garage?)
(J) Declaration of restrictions. Before obtaining a building permit for an accessory dwelling unit, the property owner must file with the Bayfield County register of deeds office a declaration of restrictions, as approved by the zoning administrator, that includes the name of the property owner and each of the following provisions: (1) the accessory unit may not be sold separately; (2) the size of the dwelling unit; (3) the approval of the accessory unit is in effect only so long as either the main residence, or the accessory unit, is occupied by the owner of record as the principal residence; and (4) the declaration of restrictions terminate upon removal of the accessory unit. (current code with edits)

Temporary note: These provision are in current code s. 500-75, with substantive edits as noted.

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 care facility, assisted living

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

Districts Where Allowed Permitted by Right: I-1

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

Supplemental Standards:
(A) 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.).
(B) 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.

Adult care facility, continuum of care

A facility consisting of both nursing home care and assisted living as described in this part.

Districts Where Allowed Permitted by Right: I-1

Vehicle Parking:
For the nursing home component, 1 space for each 3 beds, plus 1 space for each each employee on the largest work shift; for the assisted living component, 0.5 space for each dwelling unit, 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 nursing home 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.

Adult care facility, 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.

Districts Where Allowed Permitted by Right: I-1

Vehicle Parking:
1 space for each 4 beds; 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 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.

Adult family home

A place licensed by the state under § 50.033 (1m), Wis. Stats.

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

Adult family home (accessory)

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

Note: An adult family home can either be a principal use or an accessory use. If the operator lives in the residence with the adults, it is considered an accessory use.

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.

Districts Where Allowed Districts Allowed as a Conditional Use: B-2

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

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 Bayfield.
(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 section 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 section 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 section 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 section 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 section:
(1) the opening or commencement of an adult-oriented establishment;
(2) the conversion of an existing business, whether or not a 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 section 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 centerline of Rittenhouse Avenue (the City's main commercial street);
(2) the boundary of the R-1 or R-3 district;
(3) public library;
(4) public playground or park, including nature trails, pedestrian/bicycle paths, or other public lands open for recreational activities;
(5) educational facility, including K-12, but not including facilities used primarily for another purpose and used only incidentally at a school;
(6) state licensed family day care home, group day care home, or day care center;
(7) worship facility;
(8) any youth-oriented establishment;
(9) tavern; or
(10) any commercial business, other than a tavern, holding a valid liquor 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 Bayfield.

Artisan shop

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.

Districts Where Allowed Permitted by Right: B-1, B-2

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

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

Supplemental Standards:
(A) Generally. All materials and activities, except loading and unloading, must be conducted entirely within an enclosed building.
(B) Demonstrations and workshops. The operator may conduct demonstrations and workshops within the confines of the building provided attendance at the event or function does not create a demand for parking spaces that is greater than the number provided on site, unless parking is allowed on the public street fronting on the site.

Backyard chickens

The keeping of chickens for personal, noncommercial purposes.

Districts Where Allowed Permitted by Right: R-1

Supplemental Standards:
(A) The keeping of backyard chickens in the City of Bayfield is consistent with the City’s desire to foster sustainable urban agriculture while addressing issues related to public health, safety, and welfare.
(B) Prohibited activities. Chickens must be kept as pets and for personal use only. Chicken breeding or fertilizer production for resale is prohibited.
(C) Number. No more than 4 mature chickens may be kept.
(D) Roosters. The keeping of roosters and crowing hens is prohibited.
(E) Enclosure requirements. Chickens must be kept within a coop at all times. A chicken coop consists of a ventilated pen (at least 7 cubic feet for each chicken) and an enclosure with roosting boxes (at least 3 square feet for each chicken).
(F) Location. A chicken coop may be kept only in a rear and side yard, provided it is at least 10 feet from a side or rear lot line or 20 feet from any residential dwelling on an adjacent lot whichever is greater.
(G) Size restrictions. A chicken coop may not exceed 60 square feet and the height may not exceed 6 feet as measured from the surounding grade to the highest point.
(H) 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.
(I) Predators. The property owner must adequately protect the chickens from predators, including black bears, foxes, coyotes, and wolves.
(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 such registration for so long as may be required.
(K) Licensing. The property owner must comply with any licensing requirements established by the City.

Figure: Side View of a Chicken Coop
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Illustration forthcoming

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 liquor. By definition this use is generally not open for regular food or beverage service.

Districts Where Allowed Permitted by Right: B-1, B-2

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) Seating capacity. The seating capacity of this use is limited to 200 people.
(B) Alcohol license. If any alcohol is served, all appropriate licensing requirements must be met.
(C) Location of customer entrance. A customer entrance to a banquet hall 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 planned development district that allows residential uses as the predominant land use.
(D) Grease trap. A banquet hall must have a grease trap unless exempted by the wastewater treatment manager.
(E) Sampling manhole. A banquet hall must have a sampling manhole unless exempted by the wastewater treatment manager.

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Advisory notes:
(1) If the occupancy load exceeds 99 people, fire suppression may be required.
(2) If this use includes a cooktop, a hood suppression may be required.

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.

Districts Where Allowed Permitted by Right: R-1

Vehicle Parking:
1 space for each room or suite

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 a hotel-motel room tax permit consistent with § 54-19 (c)(2) of the municipal code and submit reports and taxes as required.
(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 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) Ownership and residency requirement. The single-family dwelling must be the owner's personal and principal residence. For purposes of this part, "owner" means an individual who owns at least an undivided one-half interest in the property comprising the establishment, as evidenced by a recorded document establishing such ownership, or at least 1/2 of the ownership interest of a limited liability company, corporation, or other legal entity that owns all of the property, as evidenced by a recorded document establishing the entity's ownership of the property and records of the legal entity establishing the individual's ownership interest in the entity. A land contract purchaser's interest in the property does not constitute an ownership interest for purposes of this definition unless the land contract evidences a bona fide transaction for the purchase of the entire ownership of the property.
(I) Occupancy requirement during rental. The operator of the bed and breakfast must reside in the single-family dwelling when one or more of the guest rooms are occupied (i.e., rented).
(J) Number of allowable guest rooms. The maximum number of guest rooms is 8.
(K) Number of guests. The maximum number of overnight guests at any one time is 20.
(L) Food preparation. Food preparation and/or cooking in guest rooms is prohibited.
(M) Meals. The operator of the bed and breakfast may offer guests one meal before 11:00 am. Serving such meal to non-guests is not allowed.
(N) Maximum stay. The maximum stay for any guest is 14 consecutive days in any 30-day period.
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[1] Commentary: See subch. VII of ch. 254, Wis. Stats., and ch. DHS 197, Wis. Admin. Code
[2] Commentary: Bed and breakfasts must comply with the residential building code requirements; the commercial building code does not apply because the dwelling is the operator's residence and the operator is residing in the residence when guests are present.

Bee keeping

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

Districts Where Allowed Permitted by Right: I-1, R-1, R-3

Supplemental Standards:
(A) Legislative intent. The keeping of honeybees in the City of Bayfield 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 4,000 and 4,900 square feet.^[1] Two beehives are are allowed on a lot from 4,901 square feet up to 9,800 square feet. etc_____ (verify if the Plan Commission is concerned about densities)
(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 for no more than 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 tentant 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 bee hives from predators, including black bears.
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[1] Commentary: A typical city lot is 4,800 square feet (40x120).

Boat dock

A pier or wharf.

Boathouse

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

Districts Where Allowed Permitted by Right: B-2

Supplemental Standards:
(A) Other permits. The property owner must obtain all necessary permits from the Wisconsin Department of Natural Resources, United States Army Corps of Engineers, and other regulatory agencies as may be required.
(B) Allowable uses. The use of a boathouse is limited to the storage of watercraft and related equipment. Human habitation is prohibited.
(C) Yard setbacks. A boathouse may be located within a shoreyard, but no closer than 10 feet to the ordinary high-water mark of a waterbody on which it fronts or 10 feet to a wetland. A boathouse may not be closer than 3 feet to a side lot line.
(D) Number. No more than one boathouse may be located on a parcel of land.
(E) Floor area. The boathouse must contain at least 200 square feet of floor area but not more than 450 square feet.
(F) Height. The boathouse may not exceed 15 feet in height at the roof peak above the original grade or final grade as measured on the side facing the waterbody.
(G) Slopes. The boathouse may not be constructed where the existing slope is more than 20 percent.
(H) Access door requirement. A boathouse must have an overhead garage door on the side of the building facing the waterbody for the purpose of entry and exit for watercraft. French, patio, or glass doors are prohibited.
(I) Plumbing fixtures. A boathouse may have plumbing for 2 sinks and one toilet, provided such fixtures are connected to an approved wastewater system. Showers and/or bathtubs are prohibited.
(J) Floodplain regulations. If the boathouse is located, in whole or in part, within the floodplain overlay district, all applicable standards of that district apply.

Body-piercing establishment

A place where a body piercer performs body piercing.

Districts Where Allowed Permitted by Right: B-1

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

Bicycle Parking:
Bicycle Parking Requirements: Recommended - 7 percent of required vehicle parking spaces, but not less than 2

Supplemental Standards:
(A) State license. Prior to the establishment of a body-piercing establishment, 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 state no longer requires the license.^[2]
(B) Proximity to same or other specified use. A body-piercing establishment may not be located within 600 feet of another body-piercing establishment or a tattoo establishment. 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-piercing establishment to the outer wall of the building containing the other specified land use. If one or both of the specified land uses are located in a multi-tenant building (e.g., shopping center), the measurement is taken from the outer boundary of such space (i.e. from the outer edge of the party wall or the exterior wall). The presence of a village, city, county, or other political subdivision boundary is irrelevant for purposes of applying the separation requirements of this part.
(C) Building standards. A patron who is being pierced must not be visible from the exterior of the building through a window or entrance to the building.
(D) Alcohol prohibited. A body-piercing establishment may not also sell, distribute, or allow consumption of alcohol on the premises.
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[1] Commentary: See § 252.24, Wis. Stats.
[2] Commentary: See § 252.24, Wis. Stats.

Bus shelter

A building open on at least one side where people may wait for a bus.

Business incubator

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.

Districts Where Allowed Permitted by Right: B-1, B-2

Vehicle Parking:
Determined on a case-by-case basis by the reviewing authority

Supplemental Standards:
(A) Legislative findings. The regulations in this part are intended to promote opportunities for start-up companies and grow the local and regional economy while protecting the public health and safety.
(B) General standards. All uses must be conducted entirely within an enclosed building unless otherwise approved by the Plan Commission.
(C) Industrial uses. Industrial uses are allowed but may not occupy more than 10 percent of the floor area.

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.

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.

Community garden

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

Districts Where Allowed Permitted by Right: I-1, P-1, R-1, R-3

Vehicle Parking:
1 space for each 10,000 square feet of land available for production, if on-street parking is not readily available as determined by the zoning administrator

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 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 setback provisions for principal buildings of the zoning district in which this use is located.
(B) Reserved
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Advisory notes:
(1) As part of the due dilgence process, soil tests should be done to identify any potential soil contaminents, including heavy metals and petroleum.

Community living arrangement, 8 or fewer residents

Any one of the following with 8 or fewer residents (1) a residential care center for children and youth as defined in § 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.

Districts Where Allowed Permitted by Right: R-1, R-3

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) Location. 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] Commentary: See subch. VII of chapter 254, Wis. Stats., and ch. DHS 197, Wis. Admin. Code
[2] Commentary: 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.

Community living arrangement, 9 to 15 residents

Any one of the following with more than 8 but fewer than 16 residents (1) a residential care center for children and youth as defined in § 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.

Districts Where Allowed Districts Allowed as a Conditional Use: R-3

Vehicle Parking:
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) Location. 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] Commentary: See subch. VII of chapter 254, Wis. Stats., and ch. DHS 197, Wis. Admin. Code
[2] Commentary: 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

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.

Districts Where Allowed Districts Allowed as a Conditional Use: R-1, R-3

Vehicle Parking:
Determined on a case-by-case basis by the reviewing authority

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) Location. 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] Commentary: See subch. VII of chapter 254, Wis. Stats., and ch. DHS 197, Wis. Admin. Code
[2] Commentary: 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

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

Districts Where Allowed Districts Allowed as a Conditional Use: I-1

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 section is therefore intended to define basic requirements necessary to protect the public while providing waste alternatives and promoting sustainability within the community.
(B) Compliance with other requirements. In addition to meeting the requirements in this section, a composting facility 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.

Craft brewery, winery, distillery

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

Districts Where Allowed Permitted by Right: B-1, B-2

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

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

Supplemental Standards:
(A) Other licenses/approvals. Prior to establishment of this use, the property owner must obtain all required liquor 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.
(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.
(D) Grease trap. If this use also serves food, a grease trap must be provided unless exempted by the wastewater treatment manager.
(E) Sampling manhole. If this use also serves food, a sampling manhole must be provided unless exempted by the wastewater treatment manager.

________________________________________________________
Advisory notes:
(1) If the occupancy load exceeds 99 people, fire suppression may be required.
(2) If this use includes a cooktop, a hood suppression may be required.

Drive-up service window

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

Districts Where Allowed Districts Allowed as a Conditional Use: B-1, B-2

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 vehicles waiting for service consistent with the design standards in § 510.__. The stacking area must 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 based on the standards in Article 20 (Signage).

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.

Equipment rental

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 inside of an enclosed building and may include hand tools, party equipment, and lawn and yard equipment.

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 2).

Farmers market

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

Districts Where Allowed Permitted by Right: B-1, B-2, P-1 Districts Allowed as a Conditional Use: I-1

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

Supplemental Standards:
(A) Hours of operation. The display of products and sales shall only occur between the hours of 7:00 am and 30 minutes past sunset.
(B) Removal and clean up. All features solely associated with the farmers market must be removed and all trash and debris must be removed within 24 hours following the close of the farmers market.
(C) Location. If a farmer's market is located in whole or in part within the public right-of-way or other public property, the operator must comply with any requirements established by the jurisdiction having authority over such lands.

Fence, perimeter

A fence placed around the perimeter of a lot.

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, C-1, I-1, P-1, R-1, R-3

Supplemental Standards:
(A) Location. A perimeter fence may be placed up to the side lot line and the rear lot line and no closer than 3 feet to the front lot line. When a fence is located within 3 feet of the lot line, a survey is needed to ensure the fence's proper location.
(B) Height. ---- forthcoming

(C) Materials. ---- forthcoming

(D) Orientation. All non-decorative posts, horizontal supports, cross-members, and the like must be oriented inward to the lot on which the fence is located.
(E) Placement in utility easement. A perimeter fence may be placed within a utility easement, unless prohibited by the easement holder, with the understanding that the utility authority (1) may remove such fence at the property owner’s expense, (2) is not liable for any damage to the fence, and (3) is not responsible for the reconstruction of the fence.
(F) Placement in drainage easement. A perimeter fence may not be located within a drainage easement unless the zoning administrator determines that the fence will not restrict the flow of stormwater and the easement holder does not object.
(G) Fencing as a private nuisance. Nothing in this part may be construed to permit a fence that constitutes a private nuisance under § 844.10, Wis. Stats.

Temporary note: Provisions from consultant

Fence, privacy

A solid or partially solid fence placed around an outdoor patio or other private area on a residential property.

Districts Where Allowed Permitted by Right: B-3, R-1, R-3

Supplemental Standards:

(A) Size. The maximum area to be enclosed by a privacy fence is 250 square feet.
(B) Location. A privacy fence is only allowed in the side and rear yard and must be at least 10 feet from the lot line.

(C) Height. A privacy fence may not exceed 8 feet in height as measured from the surrounding grade to the top of the fence material (i.e., not the fence post, pole, or column). In this regard, the surrounding grade may not be altered so as to raise the overall height of a fence above the grade.
(D) Materials. A privacy fence may be solid.
(E) Orientation. All non-decorative posts, horizontal supports, cross-members, and the like must be oriented inward to the lot on which the fence is located.
(F) Placement in utility easement. A privacy fence may be placed within a utility easement, unless prohibited by the easement holder, with the understanding that the utility authority (1) may remove such fence at the property owner’s expense, (2) is not liable for any damage to the fence, and (3) is not responsible for the reconstruction of the fence.
(G) Placement in drainage easement. A privacy fence may not be located within a drainage easement unless the zoning administrator determines that the fence will not restrict the flow of stormwater and the easement holder does not object.
(H) Fencing as a private nuisance. Nothing in this part may be construed to permit a fence that constitutes a private nuisance under § 844.10, Wis. Stats.

Temporary note: Provisions from consultant

Fence, security

A fence placed around an outdoor storage area or similar activity area associated with a commercial or institutional use.

Districts Where Allowed Permitted by Right: I-1

Supplemental Standards:
(A) Location. A security fence may be placed up to the side lot line and the rear lot line and no closer than 5 feet to the front lot line. When a fence is located within 3 feet of the lot line, a survey is needed to ensure the fence's proper location.
(B) Height. A security fence may not exceed 8 feet in height as measured from the surrounding grade to the top of the fence material (i.e., not the fence post, pole, or column). In this regard, the surrounding grade may not be altered so as to raise the overall height of a fence above the grade.
(C) Materials. Fence materials must be an open woven wire or wrought iron, unless a solid fence is otherwise required or allowed by the Plan Commission. The use of barbed wire is not allowed.
(D) Orientation. All non-decorative posts, horizontal supports, cross-members, and the like must be oriented inward to the lot on which the fence is located.
(E) Placement in utility easement. A security fence may be placed within a utility easement, unless prohibited by the easement holder, with the understanding that the utility authority (1) may remove such fence at the property owner’s expense, (2) is not liable for any damage to the fence, and (3) is not responsible for the reconstruction of the fence.
(F) Placement in drainage easement. A security fence may not be located within a drainage easement unless the zoning administrator determines that the fence will not restrict the flow of stormwater and the easement holder does not object.
(G) Fencing as a private nuisance. Nothing in this part may be construed to permit a fence that constitutes a private nuisance under § 844.10, Wis. Stats.

Temporary note: Provisions from consultant

Fence, sport court

A fence placed on one or more sides of a sport court.

Districts Where Allowed Permitted by Right: B-3, R-1, R-3

Supplemental Standards:
(A) Location. A fence for a sport court may not be placed in the front yard or the side- or rear-yard building setback.
(B) Height. A sport court fence may not exceed 12 feet in height as measured from the surrounding grade to the top of the fence material (i.e., not the fence post, pole, or column). In this regard, the surrounding grade may not be altered so as to raise the overall height of a fence above the grade.
(C) Materials. Fence materials above 6 feet in height must be an open woven wire (e.g., chainlink).
(D) Orientation. All non-decorative posts, horizontal supports, cross-members, and the like shall be oriented inward to the lot on which the fence is located.
(E) Placement in utility easement. A sport court fence may be placed within a utility easement, unless prohibited by the easement holder, with the understanding that the utility authority (1) may remove such fence at the property owner’s expense, (2) is not liable for any damage to the fence, and (3) is not responsible for the reconstruction of the fence.
(F) Placement in drainage easement. A sport court fence may not be located within a drainage easement. Upon written petition, the zoning administrator may allow a fence in a drainage easement when it can be shown that the fence will not restrict the flow of stormwater and the easement holder does not object.
(G) Fencing as a private nuisance. Nothing in this part may be construed to permit a fence that constitutes a private nuisance under § 844.10, Wis. Stats.

Temporary note: Provisions from consultant

Financial services

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

Districts Where Allowed Permitted by Right: B-1, B-2

Vehicle Parking:
1 space for each 250 square feet of floor area

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

Supplemental Standards:
(A) Location. 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 of this part. 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 section, such business may continue to operate at that location.^[1]
(B) Reserved
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[1] Commentary: See § 59.69 (4h), Wis. Stats.

Firewood storage

Storage of firewood for use on the premises.

Districts Where Allowed Permitted by Right: B-1, B-2, I-1, R-1, R-3

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 section 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) Nusiances. 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 Chapter 289 (Nuisances) of the the municipal code.
(E) Limitations. Not more than 20 percent of the side and rear yard may be used for storage of firewood at any one time.

Food pantry

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.

Foster home and treatment foster home

A place licensed by the state for the care of foster children and which is operated by a corporation, child welfare agency, church, or other such entity.
Note: See § 48.62, Wis. Stats. A foster home and treatment foster home can either be a principal use or an accessory use. If the operator lives in the residence with the children, it is considered an accessory use.

Districts Where Allowed Permitted by Right: R-1, R-3

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

Supplemental Standards:
(A) State license. Prior to the establishment of a foster home or treatment foster home, the operator must obtain a license from the state as provided for in § 48.75, Wis. Stats., and maintain the license for the life of the use or until the state no longer requires the license.
(B) Proximity to same use. A foster home or treatment foster home that is operated by a corporation, a child welfare agency, a religious association, as defined in § 157.061 (15), Wis. Stats., an association, or a public agency, may not be established within 2,500 feet of another such facility. An agent may apply for an exception to this requirement, and the Common Council at its discretion may grant the exception.^[1]
________________________________________________________
[1] Commentary: See § 59.69 (15)(bm), Wis. Stats.

Foster home and treatment foster home (accessory)

A facility licensed by the state for the care of foster children and which is operated by a foster parent who lives with the children.
Note: See § 48.62, Wis. Stats. A foster home and treatment foster home can either be a principal use or an accessory use. If the operator lives in the residence with the children, it is considered an accessory use.

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.

Garage 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 backyard sale, lawn sale, patio sale, porch sale, rummage sale, and yard sale.

Garden supply or landscaping 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.

Gardening

The cultivation of food or ornamental crops.

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, C-1, I-1, P-1, R-1, R-3

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.

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.

General retail, 5,000 square feet or less

One or more establishments providing retail services in a single building with a floor area of 5,000 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, photo and film pickup stores, shoe stores, soda and ice cream stores, sporting goods stores, tobacco stores, and variety stores. The term does not include adult-oriented establishment, secondhand store, or any other service/retail use specifically listed in Appendix B.

General retail, more than 5,000 square feet

One or more establishments providing retail services in a single building with a floor area of more than 5,000 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, photo and film pickup stores, shoe stores, soda and ice cream stores, sporting goods stores, tobacco stores, and variety stores. The term does not include adult-oriented establishment, secondhand store, or any other service/retail use specifically listed in Appendix B.

Districts Where Allowed Districts Allowed as a Conditional Use: B-1, B-2

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 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 § 510.___ for more on size requirements for small and large berths)

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

General services

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

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 12.

Districts Where Allowed Permitted by Right: B-1, I-1 Districts Allowed as a Conditional Use: B-2

Vehicle Parking:
1 space for each 3 children the facility is licensed by the state to accommodate; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(A) Location. An outdoor activity area associated with a group day care center may not be located within 20 feet of a parcel in a residential zoning district or a planned development district that allows residential uses.
(B) Reserved

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.

Health care clinic

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

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.

Districts Where Allowed Permitted by Right: R-1, R-3

Vehicle Parking:
Determined on a case-by-case basis by the reviewing authority

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 must occur entirely within the dwelling unit. The space specifically designated for use of the home occupation may occupy no more than 400 square feet OR 25 percent of the total floor area of the dwelling unit. (verify)
(C) Exterior character of building. The exterior character of the building housing the home occupation may 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 and one individual not living in the dwelling unit.
(F) Limitation on customer traffic. A home occupation must 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.
(G) Retail sales. Retail sale of items produced on site is allowed.
(H) Nuisance. A home occupation must not create any smoke, odor, glare, noise, dust, vibration, fire hazard, or small electrical interference not normally associated with typical residential uses in the zoning district.
(I) Special exception for an operator with a disability. Consistent with the procedures and requirements of Article 5 (Specific Procedural Requirements), the Plan Commission may approve a special exception to any of the requirements in this part when the operator has a temporary or permanent disability and the home occupation is or would be his or her primary livelihood and such deviation is needed to facilitate the operation of the home occupation in a reasonable manner.
(J) Multiple home occupations. More than one home occupation may be permitted on a single lot provided all of the general requirements set forth in this section can be met based on an accumulation of activities.

Hospice care center

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

Districts Where Allowed Permitted by Right: I-1, R-1, R-3

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)

Hot tub

An outdoor warm water reservoir usually with hydromassage jets. A hot tub may be built in or portable.

Districts Where Allowed Permitted by Right: B-3, R-1, R-3

Supplemental Standards:
(A) Use. Those using the hot tub are limited to the occupants of the subject property and their invited guests. In this regard, advertising the use of the hot tub by others is strictly prohibited.
(B) Location. A hot tub together with any surrounding walks, decks, and patios must comply with the setback requirements for an accessory building in the zoning district in which it is located.
(C) Outdoor lighting. Outdoor lighting for a hot tub must comply with the standards in Article 19 (Outdoor Lighting).
(D) Draining of water. Water that is drained out of a hot tub may not flow onto an adjoining property, into a wetland, or into the municipal sewer system without the approval of the public works director or equivalent.

Hotel/motel

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 does not include bed and breakfasts, short-term rentals, or tourist rooming houses.

Districts Where Allowed Permitted by Right: B-1, B-2, B-3

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 hotel/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/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.
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[1] Commentary: See ch. DHS 195, Wis. Admin. 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-oriented establishments.

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.

Instructional studio

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

Makers space

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.

Districts Where Allowed Permitted by Right: B-1, B-2

Vehicle Parking:
1 space for each 250 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

Supplemental Standards:
(A) Maximum size. The maximum floor area for a makers 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.

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.

Marine service

A place where watercraft are repaired and serviced.

Mixed-use housing

One or more dwelling units within a commercial building.

Districts Where Allowed Permitted by Right: B-1, B-2

Vehicle Parking:
2 spaces for each dwelling unit

Supplemental Standards:
(A) Occupancy. Occupancy of a dwelling unit is limited to one household unit.
(B) Special standards for handicapped accessible units. A dwelling unit that is specifically designed for the long-term housing for individuals that require a handicapped-accessible housing unit is allowed on the ground floor provided the maximum floor area of the unit does not exceed 35 percent of the ground floor and the unit has a minimum floor area of 550 square feet, as measured from the interior walls.
(C) General standards for dwelling units. Dwelling units not otherwise allowed in this part (above), are not be permitted on any floor with an elevation of less than 9 vertical feet above or below street level, measured from the highest street elevation adjoining that portion of the property on which the subject building is located. Up to, but not more than, 50 percent of any such floor may be used for purposes ancillary to the subject use, such as parking or storage, provided that such ancillary use may not be located on the 50 percent of the floor area nearest the street or avenue adjoining the subject building (or, if the building is on a corner, nearest the avenue adjoining the building), nor may such area be reserved for use by occupants or users of the subject use.
(D) General standards for tourist rooming house. A tourist rooming house, is not permitted on any floor with an elevation of less than 9 vertical feet above or below street level, measured from the highest street elevation adjoining that portion of the property on which the subject building is located. Up to, but not more than, 50 percent of any such floor may be used for purposes ancillary to the subject use, such as parking or storage, provided that such ancillary use may not be located on the 50 percent of the floor area nearest the street or avenue adjoining the subject building (or, if the building is on a corner, nearest the avenue adjoining the building), nor may such area be reserved for use by occupants or users of the subject use.
(E) Stairs. A dwelling unit on the second floor must be served by stairs inside of the building or exterior stairs with a roof but only when located at the rear of the building. The exterior access door may be located along the front, side, or rear of the building and may serve one or more dwelling units.
(F) Tourist rooming house. If a dwelling unit is used as a tourist rooming house, the property owner must comply with the licensing requirements established by the City. (Article II of Chapter 268 of the municipal code)

Multi-family, 2 units

A building containing 2 dwelling units that is situated on one lot. The units may be rented or owned as in a condominium. The term includes various construction types including modular, panelized, pre-cut, and site-built. (Sometimes referred to as duplex.)

Districts Where Allowed Permitted by Right: R-1, R-3

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) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(D) Garage. Construction of a garage is not required.
(E) 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. (Article II of Chapter 268 of the municipal code)

Multi-family, 3 to 4 units

A building containing 3 to 4 dwelling units that is situated on one lot. The units may be rented or owned as in a condominium. The term includes various construction types including modular, panelized, pre-cut, and site-built.

Districts Where Allowed Permitted by Right: R-1, R-3

Vehicle Parking:
2 spaces for each dwelling unit

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. Construction of a garage is not required.
(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) 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. (Article II of Chapter 268 of the municipal code)

Multi-family, 5 or more units

A building containing 5 or more dwelling units that is situated on one lot. The units may be rented or owned as in a condominium. The term includes various construction types including modular, panelized, pre-cut, and site-built.

Districts Where Allowed Districts Allowed as a Conditional Use: R-3

Vehicle Parking:
2 spaces for each dwelling unit

Bicycle Parking:
Recommended - 8 to 12 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. Construction of a garage is not required.
(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) 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. (Article II of Chapter 268 of the municipal code).

Municipal garage

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

Office

A place where employees primarily perform administrative functions. Examples include real estate, insurance, information technology, accounting, architecture, engineering, and similar.

Off-site parking lot

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

Outdoor fireplace

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.

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.

Districts Where Allowed Districts Allowed as a Conditional Use: B-1, B-2, B-3

Vehicle Parking:
Determined on a case-by-case basis by the reviewing authority

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. (revisit max. percent)
(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 state alcohol license. Alcohol may not be served or consumed within the outdoor service area unless the liquor, beer, or wine license, whichever is applicable, as issued by the City, explicitly states that consumption is permitted within the outdoor service area.
(D) Entrance to service area if alcohol is served. If alcohol is served, 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. (Lets discuss.)
(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 compy with the levels established in Article __.

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, and recreational trails.

Park

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 shelters, multi-purpose trails, ball and racquet fields and courts, swimming pools and beaches, boat launches, sledding hills, and ice-skating. A park may be operated by a public entity for the benefit of the general public or by a homeowners association for the benefit of its members.

Parking lot (on-site)

Surface parking spaces for light motor vehicles, adjacent access drives and aisles, where the parking spaces are not located in a structure and the parking of motor vehicles is not the principal use of the premises. This term does not include commercial parking operations, which shall be considered a principal use, or the parking of heavy motor vehicles.

Party tent

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

Passenger terminal

A place where passengers can board mass transit. This use may include facilities for ticket sales and accessory food service areas primarily intended for passengers. The term does not include bus shelters.

Pergola

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

Play structure

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

Portable storage container

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

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, I-1, P-1, R-1, R-3

Supplemental Standards:
(A) Duration. A portable storage container may not be located on a parcel of land for more than 90 days during any 9-month period.
(B) Location. A portable storage container may not be located in the front or side yard setback established for the zoning district in which this use occurs, except when placed in a driveway.
(C) Maximum floor area. The cumulative floor area of one or more portable storage containers may not exceed 250 square feet.^[1]
(D) Limitation on use. When located in a residential zoning district, a portable storage container is limited to storing household goods during an on-site construction/remodeling project or when used to move household goods to another location.
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[1] Commentary: Although portable storage containers come in different sizes, units are generally 10 feet by 10 feet and 10 feet by 15 feet.

Private kennel

A place where no more than 2 dogs and 2 cats are kept for the occupant's private, non-commercial purposes.

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.

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 diversity of woody or herbaceous vegetation, to which stormwater is directed to promote infiltration or evapotranspiration.

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, C-1, I-1, P-1, R-1, R-3

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-resisential properties. A rain garden on a commercial and other non-residential lot should follow the technical standards in DNR Conservation Practice Standard 1009.
(C) Compliance with City requirements. A rain garden must comply with the standards and requirements in § 146-2 of the municipal code.

Recreation trail

A linear path, not otherwise part of a public park, that is established for hiking, biking, and cross-country skiing.

Rental of outdoor recreation equipment

A place where bicycles, mopeds, canoes, and kayaks are rented on a short-term basis. The rental of all-terrain vehicles is not included.

Restaurant

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

Districts Where Allowed Permitted by Right: B-1, B-2

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

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

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 such permit for the life of the use or until the department no longer requires such 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.
(C) Exhaust sytems. 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.
(D) 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.
(E) Grease trap. A restaurant must have a grease trap unless exempted by the wastewater treatment manager.
(F) Sampling manhole. A restaurant must have a sampling manhole unless exempted by the wastewater treatment manager.
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[1] Commentary: See ch. DHS 196, Wis. Admin. Code

Advisory notes:
(1) If the occupancy load exceeds 99 people, fire suppression may be required.
(2) If this use includes a cooktop, a hood suppression may be required.

Retaining wall

A vertical wall intended to hold back earth materials.

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, I-1, P-1, R-1, R-3 Districts Allowed as a Conditional Use: C-1

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.
(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.

Figure: Side view of a Retaining Wall
(Graphic is a working draft to be replaced with final illustration)
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(No Scale)

Sale of vehicles & recreational equipment

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.

Districts Where Allowed Permitted by Right: R-1, R-3

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 one item 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 4 such periods per year.

School

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

Districts Where Allowed Permitted by Right: I-1

Vehicle Parking:
0.5 space for each (K-8) classroom, plus 1 space for each employee on the largest work shift; 1 space for each 8 students (grades 9-12) at design capacity, plus 1 space for each employee on the largest work shift; 1 space for each student during the largest class attendance (post secondary), plus 1 space for each employee on the largest work shift

Bicycle Parking:
Recommended - 11 percent of required vehicle parking spaces, but not less than 20

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

Seasonal product sales

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

Districts Where Allowed Permitted by Right: B-1, B-2 Districts Allowed as a Conditional Use: B-3, R-1, R-3

Vehicle Parking:
Determined on a case-by-case basis by the reviewing authority

Supplemental Standards:
(A) Duration of use. Merchandise may not be sold any sooner than 30 days prior to the date of the seasonal event. Cleanup and removal of all related items must be completed within 2 days following the date of the seasonal event.
(B) Removal and clean up. Within 24 hours following the termination of the sale, all features associated with the sale and trash and debris of all kinds must be removed from the site.
(C) Status as a building. A tent used for the sales operation does not count as a building with regard to the maximum number of buildings allowed on a parcel.
(D) Location. No part shall be located within the public right-of-way or other public property.

Secondary 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.

Note: Also known as in-law dwelling unit or mother-in-law suite

Districts Where Allowed Permitted by Right: R-1

Vehicle Parking:
1 space (in addition to other required parking)

Supplemental Standards:
(A) Building permit. Issuance of a building permit for the new construction or remodeling is required.
(B) Deed restriction required. Submittal of a recorded declaration of restrictions with the Bayfield County register of deeds, stating the "the City's inspections department/zoning administrator has approved the building permit application conditioned upon the owner signing and recording this declaration of restrictions indicating said dwelling will be a single family dwelling." The declaration of restrictions must be recorded before issuance of a building permit for construction of the secondary suite.
(C) Location. The secondary suite must be on the first floor of the single-family dwelling, at street grade level, or, if on second floor or lower level, an elevator or chair lift must be installed from the secondary suite to the first floor at street grade level.
(D) Interior access. The secondary suite must have non-lockable direct interior access to the entire dwelling.
(E) Limitation on bedrooms. No more than two bedrooms are allowed.
(F) Utility connections. The single-family dwelling and the secondary suite must share common water, sanitary sewer or septic, and electric connections.
(G) The owner must provide evidence to the inspections department that the water and sanitary sewer or septic facilities are adequate to serve the secondary suite.
(H) Exterior appearances. The secondary suite must be designed that the appearance of the building remains as a single-family dwelling. Any new entrances must be located on the side or rear of the building and must be at ground level.
(I) The secondary suite may not be constructed or established within any required garage.

Secondhand store

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

Shared-use kitchen

A commercial-grade kitchen, operated by a community organization or a business, 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.

Districts Where Allowed Permitted by Right: B-1, B-2, I-1

Vehicle Parking:
Determined on a case-by-case basis by the reviewing authority

Supplemental Standards:
(A) Grease trap. A shared-use kitchen must have a grease trap unless exempted by the wastewater treatment manager.
(B) Sampling manhole. A shared-use kitchen must have a sampling manhole unless exempted by the wastewater treatment manager.
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Advisory notes:
(1) If this use includes a cooktop, a hood suppression may be required.

Sidewalk sales

A temporary event where retail goods are displayed within the public right-of-way in front of the store. (verify - does it need to be in front of the store?)

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 various construction types including modular, panelized, pre-cut, and site-built. The term does not include mobile homes.

Districts Where Allowed Permitted by Right: R-1, R-3

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) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(D) Garage. Construction of a garage is not required.
(E) 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. (Article II of Chapter 268 of the municipal code)
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Advisory notes:
(1) Building permits are required for all new construction (and additions to existing buildings).

Solar energy system, building-mounted

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

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, I-1, P-1, R-1, R-3

Supplemental Standards:
(A) Maximum surface area. No portion of a panel used to collect solar energy may extend beyond the roof surface or the wall surface to which it is attached.
(B) Maximum height. A building-mounted solar energy system must comply with the maximum height requirements of the zoning district in which the building is located.
(C) Placement on a roof. The panels of a solar energy system that are mounted on a roof may be either fixed or movable and may be placed at an angle to optimize efficiency of the system.
(D) Placement on a façade. A solar energy system may be mounted on the façade of a commercial building if integrated into the overall design of the building. Such installations may not project more than 4 feet from the face of the wall.
(E) Certification. A solar panel 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.
(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 more than 50 percent of the panels (measured by total area) have not been operational for a continuous period of 12 months, the administrator will then follow the procedure outlined in Article 5 (Specific Procedural Requirements) 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.
(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 may 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.

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.

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, I-1, P-1, R-1, R-3

Supplemental Standards:
(A) Surface area. For residential lots less than 30,000 square feet the maximum are of a free-standing solar energy system is 120 square feet. The surface area of a free-standing 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 free-standing solar energy system may not exceed 15 feet in height as measured from the surrounding grade.
(C) Setback. A free-standing solar energy system in any position may 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 (Specific Procedural Requirements), the Plan Commission may approve a special exception to allow a free-standing 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 free-standing solar energy system located in a residential or commercial zoning district must be located in the rear or side yard. Pursuant to the procedures and requirements in Article 5 (Specific Procedural Requirements), the Plan Commission may approve a special exception to allow a free-standing solar energy system in the front yard when no other location on the parcel is acceptable and the encroachment is the least necessary to allow the system to operate. A solar panel in an industrial zoning district may be located in any yard area.
(E) Certification. A free-standing solar energy system 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.
(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 free-standing solar energy system has not been operational for a continuous period of 12 months, the administrator will then follow the procedure outlined in Article 5 (Specific Procedural Requirements) 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.
(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 has 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.

Solar garden

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

Districts Where Allowed Districts Allowed as a Conditional Use: I-1, P-1

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

Supplemental Standards:
(A) Minimum lot area. The mimum lot area for a solar power plant is 2 acres.^[1]
(B) Setbacks. Solar panels and other related structures may not be located within the building setback area. Additional setbacks may be required to mitigate noise and glare impacts, as identified through the site plan review process.
(C) Security fencing. With approval of the Plan Commission, a security fence (height and material to be established through the site plan review process) may be placed around the perimeter of the solar power plant. If a security fences is installed, knox boxes and keys 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. Such agreement must be binding on the future property owners and future operators 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 will then follow the procedure outlined in Article 5 (Specific Procedural Requirements) 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 as required by this part 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 (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 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 the provisions in § 66.0403, Wis. Stats.
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[1] Commentary: One city block is about 2 acres.

Sport court (residential)

A hard-surfaced area located out of doors used exclusively for basketball, 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.

Districts Where Allowed Permitted by Right: B-3, R-1, R-3

Supplemental Standards:
(A) Use. Those using the sport court are limited to the occupants of 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 requirements of the zoning district in which 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 (Outdoor Lighting).

Stormwater management facility

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

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, I-1, P-1, R-1, R-3 Districts Allowed as a Conditional Use: C-1

Vehicle Parking:
Determined on a case-by-case basis by the reviewing authority

Supplemental Standards:
(A) Design requirements. A stormwater facility must be designed to meet any requirements in the City's municipal code.
(B) Maintenance. A stormwater facility located on private property must be maintained consistent with the adopted maintenance agreement.

Swimming pool (residential)

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.

Districts Where Allowed Permitted by Right: B-3, R-1, R-3

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) Accessory to a principal use. A swimming pool is an accessory use to a residential use and therefore must be located on a lot with a principal building. However, a vacant parcel in the same ownership as the adjoining parcel with the principal building may be used for a swimming pool provided the owner adopts a deed restriction indicating that both of the lots must be sold together until such time as a principal building is constructed on the vacant parcel with the pool.
(C) Location. A swimming pool, together with its surrounding walks, decks, patios, diving platforms, bathhouses, and accessory structures, must not be located in a front yard. A swimming pool, together with its surrounding walks, decks, patios, diving platforms, bathhouses, and accessory structures, must comply with the setback requirements for a principal building in the zoning district in which it is located and in no case shall the waterline of any pool be less than 5 feet from any lot line. A swimming pool must be at least 10 feet from the principal building. The inside wall of the pool must be located at least 10 feet from the vertical plane formed by the electrical wire perpendicular to the ground surface. Pumps and filter equipment must be located at least 20 feet from a lot line.
(D) Walls or fences. Walls or fences of at least 4 feet, but not more than 6 feet, in height must be provided to restrict access by children. All gates must be equipped with self-closing and self-latching devices placed at the top of the gate. Any swimming pool that does not currently comply with the fence requirements in this part, must hereafter comply before water is placed in the pool.
(E) Outdoor lighting. Outdoor lighting for a swimming pool must comply with the standards in Article 19 (Outdoor Lighting).
(F) Draining of water. Water that is drained out of a swimming pool may not flow onto adjoining property, into a wetland, or into the municipal sewer system without the approval of the public works director or equivalent.
(G) Filter system required. A swimming pool must have a filtration system to assure proper circulation of the water and maintain proper water quality.
(H) Dirt bottoms prohibited. The sides and bottom of a swimming pool must have a smooth finish; sand or dirt bottoms are prohibited.

Tattoo establishment

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

Districts Where Allowed Permitted by Right: B-1

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 2

Supplemental Standards:
(A) State license. Prior to the establishment of a tattoo establishment, 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) Proximity to same or other use. A tattoo establishment may not be located within 600 feet of another tattoo establishment or a body-piercing establishment. 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 tattoo establishment to the outer wall of the building containing the other specified land use. If one or both of the specified land uses are located in a multi-tenant building (e.g., shopping center), the measurement 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 section.
(C) Building standards. A patron who is being tattooed must not be visible from the exterior of the building through any window or entrance to the building.
(D) Alcohol prohibited. A tattoo establishment may not also sell, distribute, or allow consumption of alcohol on the premises.
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[1] Commentary: See § 252.23, Wis. Stats.
[2] Commentary: See § 252.23, Wis. Stats.

Tavern

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

Districts Where Allowed Permitted by Right: B-1, B-2

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.
(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 must located at least 50 feet from a parcel in a residential zoning district or planned development district that allows residential uses as the predominant land use.
(D) Grease trap. If a tavern also serves food, a grease trap must be provided unless exempted by the wastewater treatment manager.
(E) Sampling manhole. If a tavern also serves food, a sampling manhole must be provided unless exempted by the wastewater treatment manager.
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Advisory notes:
(1) If the occupancy load exceeds 99 people, fire suppression may be required.
(2) If this use includes a cooktop, a hood suppression may be required.

Telecommunication Class 2 collocation

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.

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.

Districts Where Allowed Telecommunication Facility Review: B-1, B-2, B-3, I-1, P-1, R-1, R-3

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 section are intended to promote the public health, safety, and welfare, while at the same time not unduly restricting the development of needed telecommunications facilities.
(4) The regulations in this section 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 section, 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, shall 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 shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of State or Federal law as set forth in § 510.__.

(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 (co-location). 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 shall become 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 shall only be permitted if the applicant demonstrates with a sworn statement that collocation on an existing or planned tower within the applicant’s search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.^[4] If the applicant does not provide such analysis and sworn statement, the application for a new tower shall 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 shall execute a lease agreement prior to any land-disturbing activity. Such agreement shall be binding on future property owners and future operators and shall address the rights and responsibilities of each party with respect to subs. (Q) and (R) and of this section.
(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 shall have the right to use the financial guarantee as required by this section 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 authorizing a telecommunication tower shall run with the land and shall be binding on successors in interest.^[8]
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[1] Commentary: In particular see § 704 of the act.
[2] Commentary: See § 66.0404 (2)(g), Wis. Stats.
[3] Commentary: See § 66.0404 (4)(j), Wis. Stats.
[4] Commentary: See § 66.0404 (2)(b)6, Wis. Stats.
[5] Commentary: See § 66.0404 (2)(e), Wis. Stats.
[6] Commentary: See § 66.0404 (4)(f), Wis. Stats.
[7] Commentary: See § 66.0404 (4)(f), Wis. Stats.
[8] Commentary: See § 66.0404 (4)(n), Wis. Stats.

Temporary residential shelter

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

Districts Where Allowed Districts Allowed as a Conditional Use: I-1, R-3

Vehicle Parking:
0.5 space for each adult resident at capacity, plus 1 space for each employee on the largest workshift

Supplemental Standards:
(A) Requirements for operator. A temporary residential shelter 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 temporary residential shelter 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 temporary residential shelter at any time is 15.

Tourist rooming house

A place where a single-family dwelling, individual rooms in a single-family dwelling, and/or one or more cabins and cottages (verify) are offered to transient guests for rent, provided the total number of guest rooms does not exceed 8. The term does not include other forms of transient lodging including bed and breakfasts and hotel/motels.

Districts Where Allowed Permitted by Right: B-1 Districts Allowed as a Conditional Use: B-2

Vehicle Parking:
1 space for each guest room

Supplemental Standards:
(A) State permit. Prior to the establishment of a tourist rooming house, the operator must obtain a tourist rooming house 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) Display of permit. The operator must display the current tourist rooming house permit in a conspicuous location inside the tourist rooming house.
(C) Accommodations tax. Prior to the establishment of a tourist rooming house, 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 purposes.
(D) Registry. The operator of the tourist rooming house 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) Agent. The operator of a tourist rooming house must name one or more agents, who is responsible for the management of the property and who will serve as the primary point of contact. An agent must reside in the City of Bayfield or within 5 miles of the city. In the event a different agent is named, a revised permit application must be filed with the city clerk no less than 5 business days prior to the effective date of the change in agent(s). Nothing herein may be construed as to prohibit the property owner from being named as an agent so long as he or she resides in the City.
(F) Building codes. Prior to the establishment of a tourist rooming house or the expansion of an existing tourist rooming house, the building inspector must certify that the dwelling meets all applicable building code requirements.
(G) Location. When located in the B-1 district, this use is not allowed on the first floor.
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[1] Commentary: See ch. DHS 195, Wis. Admin. Code

Townhouse, 3 to 4 units

A building containing 3 to 4 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. (Sometimes referred to as single-family attached or rowhouse.)

Districts Where Allowed Permitted by Right: R-1, R-3

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 in this part.
(D) Subsequent divisions. Individual townhouses 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) Accessory buildings. The floor area of accessory buildings, excluding garages and carports, may not exceed 120 cumulative square feet.
(G) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(H) Garage. Construction of a garage is not required.
(I) Fire separation. Dwelling units must be separated from the abutting unit by a fire wall, meeting applicable building codes, that is generally perpendicular to the front lot line.
(J) Written agreement required. Dwelling units in a townhouse must be subject to a joint cross-access and maintenance agreement that is recorded with each lot in the Bayfield 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. (Article II of Chapter 268 of the municipal code)

Townhouse, 5 or more units

A building containing 5 or more dwelling units that are separated by a party wall that extends from the ground to the roof and each of the units are located on a separate lot and have a separate entrance. The term includes various construction types including modular, panelized, pre-cut, and site-built. (Sometimes referred to as single-family attached or rowhouse.)

Districts Where Allowed Districts Allowed as a Conditional Use: R-3

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 in this part.
(D) Subsequent divisions. Individual townhouses 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) Accessory buildings. The floor area of accessory buildings, excluding garages and carports, may not exceed 120 cumulative square feet.
(G) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(H) Garage. Construction of a garage is not required.
(I) Fire separation. Dwelling units must be separated from the abutting unit by a fire wall, meeting applicable building codes, that is generally perpendicular to the front lot line.
(J) Written agreement required. Dwelling units in a townhouse must be subject to a joint cross-access and maintenance agreement that is recorded with each lot in the Bayfield 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. (Article II of Chapter 268 of the municipal code)

Twin home

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

Districts Where Allowed Permitted by Right: R-1, R-3

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 may occupy any single parcel of land.
(C) Foundation. The building must be set on and anchored to a continuous permanent foundation that extends around its perimeter.
(D) Garage. Construction of a garage is not required.
(E) Fire separation. Dwelling units must be separated from the abutting unit by a fire wall, meeting applicable building codes, that is generally perpendicular to the front lot line.
(F) Utility service. Dwelling units 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 in this part.
(G) 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 Bayfield County register of deeds office.
(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. (Article II of Chapter 268 of the municipal code)

Utility cabinet

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

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, C-1, I-1, P-1, R-1, R-3

Vehicle Parking:
Determined on a case-by-case basis by the reviewing authority

Supplemental Standards:
(A) Location. A utility cabinet may be placed (1) within a City street right-of-way in compliance with City regulations; (2) within a public road right-of-way under the jurisdiction of the county or the state in compliance with all applicable laws and subject to obtaining all necessary approvals as required by the governing bodies having jurisdiction; or (3) on private property within a leased area or utility easement. A utility cabinet may not be placed in the front yard in the B-1 and B-2 zoning districts. In other zoning districts, a utility cabinet may be located in the front yard with screening as approved by the Plan Commission.
(B) Offsets and setbacks. A utility cabinet does not have to meet the offset and setback requirements of the zoning district in which it is located, but is subject to vision corner easement requirements, and must not interfere with safe sight distances from public streets accesses.

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. The term does not include large wind-energy systems which are included in ____.

Districts Where Allowed Permitted by Right: B-2 Districts Allowed as a Conditional Use: I-1

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

Supplemental Standards:
(A) Building materials. If a major utility installation involves a building of any type and is located in a residential zoning district or a planned development district that allows residential uses, the building must be compatible with residential buildings in regard to design and exterior materials.
(B) Reserved

Utility installation, minor

A utility installation generally having low impact on neighboring property. The term includes public water system wells, without a tower; below ground sewer lift stations; and stormwater pumping stations. The term does not include utility cabinets, which are classified as an accessory use (Series 12).

Vehicle fuel station

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

Districts Where Allowed Districts Allowed as a Conditional Use: B-1

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

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. (verify)
(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 surounding 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.

Vehicle repair

A place where motor vehicles, such as cars, motorcycles, and light trucks, may be 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.

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.

Wind test tower

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

Districts Where Allowed Permitted by Right: B-1, B-2, B-3, C-1, I-1, P-1, R-1, R-3

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

Wind-energy system, large

Description is forthcoming

Wind-energy system, small

One or more wind turbines that are used to convert wind into a usable form of energy that is used primarily used on site provided the installed nameplate capacity of all turbines does not exceed 300 kW and the installed nameplate capacity of any individual wind turbine does not exceed 100 kW.

Districts Where Allowed Wind-Energy System Review: B-1, B-2, B-3, I-1, P-1, R-1, R-3

Supplemental Standards:
(A) Blade clearance. The minimum distance between the ground and any protruding blade is 15 feet, as measured at the lowest point of the arc of the blade. The minimum distance must be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.
(B) Climbing towers, tower access. Access to the tower must be controlled by a fence 6 feet in height around the tower and anticlimbing devices. Cables, ropes, or wires used to secure the wind-energy system must be appropriately marked to prevent accidental bodily harm.
(C) Signage. A sign indicating shock hazard must be placed on the tower, but not higher than 12 feet above the surounding grade. Such sign shall state: "Warning. Electrical shock hazard. No unauthorized persons on tower. No trespassing."
(D) Tower construction. Tower construction must be in accordance with all applicable sections of the Wisconsin State Building Code.
(E) Utility interconnection. If interconnected to a utility system, the small wind-energy system must meet the requirements for interconnection and be operated as set forth in the electrical utility's then-current service regulations applicable to wind-energy systems.
(F) Setback requirements. A small wind-energy system may not be constructed in any setback, dedicated easement, nor dedicated roadway. Installation of a wind-energy system may not be nearer to any property lines or rights-of-way for overhead electrical transmission or distribution lines than three times the height of the structure.
(G) Noise. During all operations, from commencement through abandonment, all noise and vibrations shall conform with the requirements of the municipal code.
(H) Interference with navigational systems. A small wind-energy system must not installed or operated in such a manner that is not in compliance with Federal Aviation Administration (FAA) regulations.
(I) Electrical distribution lines. Electric distribution lines must be located underground.
(J) Required safety features. A small wind-energy system must be designed with an automatic over-speed control to render the system inoperable when winds are blowing in excess of the speeds for which the machine is designed. A small wind-energy system must have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system including the automatic over-speed control. A small wind-energy system must e designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the system from supplying power to a de-energized electrical distribution system.
(K) Maintenance. The zoning administrator has the right, at any reasonable time, to enter, in the company of the owner or his agent, the premises to inspect a small wind-energy system and require that repairs or alterations be made within 30 days if, in his judgment, there exists a deficiency in the structural stability of the system.
(L) Public nusiance. A small wind-energy system declared to be unsafe by the zoning administrator by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in the municipal code including the zoning regulations.
(M) Inspections. The zoning administrator must conduct an annual inspection of a small wind-energy system to certify the safety and maintenance of the smlall wind-energy system and accessory structures. The property owner must pay the inspection fee as may be established by a resolution of the Common Council.

Temporary note: Content is in current code with edits by consultant. A more detailed set of standards can be provided for review.

Work/live dwelling unit

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

Districts Where Allowed Districts Allowed as a Conditional Use: B-1, B-2, R-1, R-3

Vehicle Parking:
2 spaces if on-street parking is available for patrons; 4 spaces if on-street parking is not available for patrons

Supplemental Standards:
(A) Restrictions on floor area. The part of the building used for the business operation may not exceed 65 percent of the total floor area.
(B) Short-term rental prohibited. A work/live dwelling unit may not be offered as a short-term rental, because the business operation is an integral part of this use and the operator must live onsite.

Worship facility

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

All of the zoning regulations on this site (text & map) are for a proposed zoning code rewrite project. Got it!

Zoning Code | Land Uses