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Beloit City Zoning Code

ARTICLE VI

- USE REGULATIONS

6.1 - USE TABLE.

Table 6.1-1 lists the uses allowed within this chapter's base zoning districts. The symbols used in Table 6.1-1 have the following meanings:

6.1.1

USE TYPES. All of the uses listed in the use table are defined in Section 11.2.

6.1.2

"P" USES ALLOWED BY-RIGHT. A "P" indicates that a use is allowed by right in the respective zoning district, subject to compliance with all other applicable regulations of this chapter.

6.1.3

"C" CONDITIONAL USES. (Am. #3365) A "C" indicates that a use is allowed only if reviewed and approved as a conditional use, in accordance with the Conditional Use Permit procedures of Section 2-500 and all other applicable regulations of this chapter.

6.1.4

USES SUBJECT TO CONDITIONS. A reference in the final "conditions" column indicates that special use standards apply to the listed use. See the referenced section for an explanation of applicable use standards.

6.1.5

"-" USES NOT ALLOWED. A hyphen ("-") indicates that a use is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of this chapter.

6.1.6

NEW OR UNLISTED USES. If an application is submitted for a use type that is not listed in the Use Table, Zoning Officer shall have the authority to make a similar use interpretation based on the use category descriptions of Section 11.2. If the Zoning Officer determines that the proposed use does not fit any of the use category descriptions of Section 11.2, no similar use interpretation shall be made. In the event that a similar use interpretation cannot be made, the proposed use shall be allowed as a conditional use in the M-1 district or as a permitted use in the M-2 district.

6.1.7

MUTUAL EXCLUSIVITY. The use types listed in the use table are intended to be mutually exclusive, which means that uses that are specifically listed shall not also be considered to be included in the more general definition of a use category. "Passenger Vehicle Sales/Rental," for example, is a part of the "Retail Sales and Service, Sales Oriented" use category, but since the use table includes a specific line item for passenger vehicle sales/rental, that line will govern in which districts such uses are allowed.

Table 6.1-1

Use Category Specific Use Type Residential Commercial Mfg.
Conditions
R
1
A
R
1
B
R
2
R
3
R
4
C
1
C
2
C
3
C
B
D
1
C
B
D
2
M
1
M
2
Residential Use Categories
Group Living Community Living
Arrangements, Class I
P P P P P P - - - - - - §6.2.3
Community Living
Arrangements, Class II
C C C P P P - - - - - -
Community Living
Arrangements, Class III
C C C P P P - - - - - -
All Other Group Living Uses - - - C C C C C - C - -
Household Living
(Am. #3130)
Single-Family
Detached Dwelling
P P P P P P C - - - - - §6.2.11
§7.2
Single-Family
Attached Dwelling
P P P P P P C - P P - -
Two-Family Dwellings P - P P P P C - P P - - §6.2.11
b.8
Multifamily Dwellings P P P P P P P P P P - - §6.2.11
b.8
Boarding/Rooming Houses (Cr. #3146) - - - C C C C C - C - -
Single Room Occupancy (Cr. #3146) - - - C C C C C - C - -
Mobile Home Parks - - - C C - - - - - - - §6.2.9
Institutional and Civic Use Categories
College C C C C C P P P C C C -
Community Service (Am. #3708) Transitional Living Facilities - - - P P - P P - - - - §6.2.4
Other Community Service Uses - - - C C C C C C C C - §6.2.4
Day Care Day Care Centers P P P P P P P P P P P P
Day Care Home,
Family
P P P P P P - - - - - -
Medical Facility - - - C C P P P P P - -
Park and Open Space P P P P P P P P P P P P
Religious Institutions C C P P P P C C - C - -
Safety Service C C C C C P P P C C P P
School C C P P P P C C - - - -
Utility, Basic C C C C C P P P C C P P
Commercial Use Categories
Entertainment Event, Major Racetrack, Motor Vehicle - - - - - - - - - - - C
Other Entertainment Events - - - - - - - C - - C -
Office - - - C C P P P P P P P §6.2.10
Parking, Commercial - - C C C P P P C C P P
Recreation and Entertainment, Outdoor - - - - - - - P - - C C
Retail Sales/Service
(Entertainment-
Oriented)
Adult Use - - - - - - - - - - - P §6.2.1
Bed & Breakfast Guestroom
(1—2 rooms)
P P P P P P P - - - - - §6.2.2
Bed & Breakfast Lodging
(3—5 rooms)
C C P P P P P P P P - - §6.2.2
Bed & Breakfast Inn
(6 or more rooms)
- - C P P P P P P P - - §6.2.2
Gaming - - - - - - - - - - C C
Hotel/Motel - - - - - - C P P P C C
Other Retail Sales/Service
(Entertainment-
Oriented)
- - - - - - C P P P C C
Retail Sales/Service
(Personal Service
-Oriented)
Animal Hospitals - - - - - - C P - - P -
Kennel, Outdoor - - - - - - - C - - P P
Banks/Financial Institutions - - - - - P P P C C - -
Other Retail Sales/Service
(Personal Service-Oriented)
- - - - - P P P P P - - §6.2.12
Retail Sales/Service
(Repair-Oriented)
Dry Cleaning/Laundry Pick-Up/Receiving Stations (all cleaning/laundry done off-site) - - - - C C P P P P P -
Furniture/Appliance Repair - - - - - - C P C C P -
Other Retail Sales/Service
(Repair-Oriented)
- - - - - - P P C C P -
Retail Sales/Service
(Sales-Oriented)
Adult Use - - - - - - - - - - - P §6.2.1
Passenger Vehicle Sales/Rental - - - - - - - P - C P P
Heavy Equipment Sales/Rental - - - - - - - - - C P P
Pawn Shops - - - - - - - C - - P -
Other Retail Sales/Service
(Sales-Oriented)
- - - - - - P P P P P - §6.2.7
Drive-In Use (Cr. #3109) - - - - - P P P P P P P §8-112
Self-Service Storage Self-Service Storage Facilities - - - - - - - - - - P P
Vehicle Repair - - - - - - - C - C P P
Vehicle Service, Limited - - - - - - C P - C P -
Industrial Use Categories
Industrial Service - - - - - - - - - - P P
Manufacturing and
Production
- - - - - - - - - - P P
Warehouse and Freight Movement - - - - - - - - - - P P
Waste-Related Use - - - - - - - - - - - P
Wholesale Sales - - - - - - - - - - P P
Other Use Categories
Accessory Uses See §6.3
Agriculture Livestock excluding chickens - - - - - - - - - - - - §5-204
§6.2.8
Chickens P P P P P - - - - - - - Prop.
Maint.
Code
Crops P P P P P P P P P P P P
Aviation/Surface
Transportation Facility
- - - - - - - C C C P P
Mining Earth Works/Grading P P P P P P P P P P P P §6.2.6
Excavations for Ponds, Lakes, Pits, Drainage Patterns, Earth Forms and Topsoil Removal C C C C C C C C - - C C
Radio/TV Broadcast
Towers
- - - - - - - C - - C C
Temporary Uses See §6.4
Wireless
Communications
Alternative Tower Structure P P P P P P P P P P P P §6.2.5
Antenna Support Structure P P P P P P P P P P P P §6.2.5
Equipment Facility P P P P P P P P P P P P §6.2.5
Wireless Communication Tower - - - - - - C C C C P P §6.2.5

 

(Am. #3146; #3240; #3365; #3438; #3468, #3708; #3719; #3727; #3868)

6.2 - USE STANDARDS.

6.2.1

ADULT USE.

a.

Minimum Distance From Other Adult Uses. No Adult Use shall be established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which any other Adult Use is established, maintained, or operated.

b.

Minimum Distance From Protected Uses. No Adult Use shall be established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which a Protected Use is established, maintained, or operated.

c.

Minimum Distance From Residential Property. No Adult Use shall be located, established, maintained, or operated on any lot that has a property line within 500 feet of the property line of any residential zoning district.

d.

Measurement. For the purposes of this subsection, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the Adult Use is located to the nearest point on a property line of a lot or residential zoning district on which a Protected Use or other Adult Use is located, as the case may be.

e.

Limited Exception. An Adult Use lawfully operating under this chapter shall not be deemed to be in violation of the location restrictions set forth in this subsection solely because a Protected Use subsequently locates within the minimum required distance of the Adult Use or when any other lot or tract within the required minimum distance of the Adult Use subsequently is zoned residential.

6.2.2

BED AND BREAKFAST. (Am. #3355) Required parking (see Section 8-100) shall not be located in front of an existing structure containing a bed and breakfast guestroom, lodging or inn. No residential structure shall be removed in order to allow for a bed and breakfast facility or associated parking.

6.2.3

COMMUNITY LIVING ARRANGEMENTS. The City Council, pursuant to §62.23(7)(i)(9), (9m) and (10), Wis. Stats., may make a determination as to the effect of the CLA on the health, safety or welfare of the residents of the City. If the City Council determines that a CLA's existence poses a threat to the health, safety or welfare of the residents of the City, the council may order the CLA to cease operation.

6.2.4

COMMUNITY SERVICE. (Am. #3708)

a.

DEFINITIONS. For the purposes of this subsection, the following terms shall have meanings prescribed herein.

1.

Family(ies). A single person or a group of persons living together. The members of the household do not need to be related by blood, marriage, or in any other legal capacity.

2.

Transitional Living Facility. A supportive, temporary type of accommodation that is meant to bridge the gap from homelessness to permanent housing by offering structure, supervision, support, life skills, education or training.

b.

CBD DISTRICT. In the CBD district, community service uses shall be limited to libraries, museums, community centers, youth club facilities, and vocational training facilities.

c.

TRANSITIONAL LIVING FACILITY.

1.

Intent. Transitional living facility is intended to mean the short-term occupancy as a service to multiple or unrelated individuals in need of emergency shelter, sustenance or other support services. Such facilities shall be run as not-for-profit operations intended to principally serve clients, including, but not limited to, the homeless, persons seeking refuge from violence or abuse, persons rendered shelterless by natural disasters or calamity or other persons that by some atypical circumstance have been displaced from their normal or permanent residence. Transitional living facility is not intended to accommodate licensed group living arrangements, including, but not limited to group homes, foster homes, or community-based residential facilities.

2.

Use Standards. Transitional living facilities shall comply with the following standards:

(a)

Staff. Staff supervision shall be on the premises at all times.

(b)

Certificate of Occupancy Required. The facility shall obtain a Certificate of Occupancy demonstrating compliance with applicable building and fire codes prior to establishing the use as required in section 2-800 of this chapter.

(c)

Off-Street Parking. The facility shall provide off-street parking as required in section 8-103 of chapter.

(d)

Occupancy. The facility shall not house more than 16 families.

(e)

Entrance Setback. The primary entrance to said shelter shall be set back at least 50 feet from all property lines.

(f)

Separation Criteria. At least 1,000 feet shall be maintained from any other transitional living facility as measured from the closest property line.

(g)

Management and Operation Plan. The facility shall submit a management and operation plan for the transitional living facility for review and approval by the Community Development Director or designee, in consultation with the Chief of Police or designee, at the time the project is proposed, prior to issuance of any permits. If site plan review applies, then the management and operational plan should be submitted and reviewed concurrently with those applications. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by Community Development Director or designee. The plan shall be based on "best practices" and include, but not be limited to, a safety and security plan, standard operating procedures, list of services, staff training, ratio of staff to clients, client eligibility and intake and check out process, detailed hours of operation, ongoing outreach plan to Beloit homeless population. The City may inspect the facility at any time for compliance with the facility's operational plan and other applicable laws and standards.

(h)

Applicable laws. The facility shall comply with all other laws, rules and regulations that apply, including building and fire codes and shall be subject to City inspections prior to operational plan approval.

6.2.5

WIRELESS COMMUNICATION FACILITIES.

a.

Definitions. For the purposes of this subsection, the following terms shall have the meanings prescribed by §22.02 of the Code of General Ordinances.

1.

Alternative Tower Structure.

2.

Antenna.

3.

Antenna Support Structure.

4.

Equipment Facility.

5.

Height.

6.

Tower.

7.

Tower Site.

8.

Wireless Communication Facility.

b.

Tower Separation. See §22.05(7) of the Code of General Ordinances.

c.

Siting. All towers shall be subject to the same setback, lot width and lot area standards as other structures located in the subject zoning district.

d.

Equipment Facilities. All equipment facilities shall be less than 1,000 square feet in area and less than 15 feet in height. All equipment facilities shall be located within the buildable area of the lot upon which they are located and shall be subject to the same setback, lot width and lot area requirements as other structures located in the equipment facility's zoning district.

6.2.6

EARTH WORKS/GRADING. Earth works and grading shall be permitted by right in all districts, subject to approval of grading and drainage plans by the Zoning Officer and the City Engineer.

6.2.7

LARGE RETAIL ESTABLISHMENTS.

a.

General.

1.

Conditional Use. (Am. #3365) Retail sales and service establishments containing more than 24,000 square feet of gross floor area shall be processed as conditional uses in accordance with the conditional use permit procedures of Section 2-500.

2.

Intent. The standards and guidelines of this section are intended to be used as a design aid by developers proposing large retail developments in community regional shopping centers or as uses-by-right and as an evaluation tool by City staff. The standards and guidelines apply to all retail sales and service establishments containing more than 24,000 square feet of gross floor area.

3.

Guidelines and Standards. The "Guidelines" of this section present the general intent of the requirements while the "Standards" are mandatory requirements that must be met.

b.

Facade and Exterior Wall Guidelines. Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest that will be consistent with the community's identity, character and scale. The intent is to encourage a more human scale for large retail establishments.

c.

Facade and Exterior Wall Standards.

1.

Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses. No uninterrupted length of any facade shall exceed 50 horizontal feet.

2.

Ground floor facades that face public streets are required to incorporate arcades, display windows, entry areas, awnings, or other such features.

d.

Smaller Retail Store Guidelines. The presence of smaller retail stores gives a center a "friendlier" appearance by creating variety, breaking up large expanses, and expanding the range of the site's activities. Windows and window displays of such stores should be used to contribute to the visual interest of exterior facades. The standards presented in this section are directed toward those situations where additional, smaller stores, with separate, exterior customer entrances are located in principal buildings.

e.

Smaller Retail Store Standards. Where principal buildings contain additional, separately owned stores which occupy less than 24,000 square feet of gross floor area, the street level facade of such stores shall be transparent (usually windows) between the height of 3 feet and 8 feet above the walkway grade for no less than 60 percent of the horizontal length of the facade of such additional stores.

f.

Detail Feature Guidelines. Buildings should have architectural features and patterns that provide visual interest that: (1) is at the scale of the pedestrian; (2) reduces massive aesthetic effects; and (3) recognizes local character. The elements in the following standard should be integral parts of the building fabric and not superficially applied trim or graphics, or paint.

g.

Detail Feature Standards. Building facades must include a repeating pattern that shall include no less than 2 of the elements listed below. At least one of these elements shall be repeated horizontally.

1.

Color change.

2.

Texture change.

3.

Material module change.

4.

Expression of architectural or structural bay through a change in plane no less than 3 feet in width, such as an offset, reveal, or projecting rib.

h.

Roof Guidelines. Variations in roof lines should be used to add interest to, and reduce the massive scale of, large buildings. Roof features should complement the character of adjoining neighborhoods.

i.

Roof Standards. Roofs shall have no less than 2 of the following features:

1.

Parapets concealing rooftop equipment such as HVAC units from public view.

2.

Overhanging eaves.

3.

Sloping roofs.

4.

Three or more roof slope planes.

j.

Material and Color Guidelines. Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods.

k.

Material and Color Standards.

1.

Exterior building materials shall be high quality material. These include, without limitation:

(a)

Brick.

(b)

Wood.

(c)

Stone.

(d)

Tinted, textured, concrete masonry units.

2.

Exterior building materials shall not include the following:

(a)

Smooth-faced concrete block.

(b)

Tilt-up concrete panels.

(c)

Prefabricated steel panels.

(d)

Corrugated metal.

3.

Facade colors shall be low reflectance, subtle and neutral.

4.

Building trim and accent areas may feature brighter colors.

l.

Entryway Guidelines. Entryway design elements and variations should give orientation and aesthetically pleasing character to the building. The standards identify desirable entryway design features.

m.

Entryway Standards. Each principal building on a site shall have clearly, highly visible customer entrances featuring no less than 2 of the following:

1.

Canopies or porticos.

2.

Overhangs.

3.

Recesses/projections.

4.

Arcades.

5.

Raised cornices and/or parapets over the door.

6.

Peaked roof forms.

7.

Arches.

8.

Outdoor patios.

9.

Display windows.

10.

Architectural details such as tile work and moldings, which are integrated into the building structure and design.

11.

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

n.

Parking Lot Orientation Guidelines. Parking areas should be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface.

o.

Parking Lot Orientation Standards. No more than 50 percent of the off-street parking may be located on one side of the building.

p.

Side and Rear Elevation Guidelines. The rear or sides of buildings often present an unattractive view of blank walls, loading areas, storage areas, HVAC units, garbage receptacles, and other such features. Architectural and landscaping features should mitigate these impacts.

q.

Side and Rear Elevation Standards. A side or rear building wall, which faces a public street or adjacent residential or public use (such as a school of park) must use the same materials as on the front of the building.

r.

Outdoor Storage, Trash Collection, and Loading Area Guidelines. Loading areas and outdoor storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, should be screened, recessed or enclosed.

s.

Outdoor Storage, Trash Collection, and Loading Area Standards.

1.

Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from abutting streets or adjacent residential uses.

2.

No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public street, public sidewalk, or internal pedestrian way.

3.

Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties.

4.

Nonenclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences that are approved by the Zoning Officer or his designee. Materials, colors, and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building.

t.

Delivery/Loading Operation Guidelines. Delivery and loading operations should not disturb adjoining neighborhoods, or other uses.

u.

Delivery/Loading Operation Standards. No delivery, loading, trash or compaction, or other such operations shall be permitted between the hours of 11:00 p.m. and 6:00 a.m.

6.2.8

LIVESTOCK. (Am. #3240; #3468; 3656) Livestock, as defined in section 7.243(1) of the Code of General Ordinances, may be kept:

a.

In the DH, Development Holding District; or

b.

Under the provisions of section 7.244, provided that all required permits are obtained; or

c.

By written authorization of the City Manager under section 7.243(3).

6.2.9

MOBILE HOMES, MOBILE HOME PARKS AND TRAVEL TRAILERS.

a.

No person shall park or occupy a mobile home or travel trailer for living purposes except in an approved mobile home park or mobile home subdivision, as determined by the Beloit Mobile Home Ordinance.

b.

Mobile home parks shall be subject to the standards of Chapter 21 of the Code of General Ordinances.

6.2.10

OFFICES. (Am. #3365) Office uses are permitted by-right in the CBD district only when located above the ground floor. Ground-floor office uses may be allowed if reviewed and approved in accordance with the conditional use permit procedures of Section 2-500.

6.2.11

RESIDENTIAL USES.

a.

CBD District. (Am. #3438) Residential uses are permitted by-right in the CBD district only when located above the ground floor.

b.

Residential Dwelling Design Standards.

1.

Roof. All dwellings and associated accessory buildings shall have a roof with a pitch of at least 3 inches in height for each 12 inches of width. Roofs shall have eaves which extend at least 12 inches from the wall that supports the roof. All dwellings, accessory garages and carports shall have a roof surfaced with a State approved roofing system.

2.

Siding. The exterior sides of all dwellings, accessory garages and carports, shall be covered with siding made of wood, masonry, concrete, stucco, Masonite, vinyl, or metal lap. The exterior siding shall extend to the top of the foundation.

3.

Foundation. All dwellings shall be placed on an enclosed, permanent foundation that does not extend more than 24 inches above the exterior finished grade of the lot. When the grade of the lot slopes, only that portion of the foundation which is on the highest point of the lot must meet the requirements of this paragraph.

4.

Minimum Width. (Am. #3755) The street side of every dwelling shall be not less than 25 feet in width unless a narrower width is approved as a planned unit development pursuant to §2-400 and 5-300 of this chapter. Only one street side of a dwelling on a corner lot need be 25 feet in width. Attached garages, carports and open decks shall not be included in the measurement of the width of the street side of a dwelling.

5.

Length to Width Ratio. The ratio of a dwelling's length to its width shall be no greater than 5 to 2.

6.

Minimum Floor Area. (Am. #3755) Every single-family dwelling and duplex dwelling unit shall contain a minimum gross floor area of at least 1,000 square feet unless a smaller floor area is approved as a planned unit development pursuant to §2-400 and 5-300 of this chapter.

7.

Nonconforming Status. A dwelling that does not meet the minimum standards set forth herein and occupied as a permanent residence on the effective date of the ordinance adopting these Residential Dwelling Design Standards shall be deemed a nonconforming use. The nonconforming use may continue in the same manner and under the same rules as any other nonconforming use (see Section 9.2).

8.

Original Multiple Dwelling Unit Building. (Cr. #3868) A residential building that was originally designed and built with multiple dwelling units is allowed by right.

a.

Property owners may be required to submit records of the property to verify its original design and use. Acceptable records may include but are not limited to original building permits, original building/architectural plans, historical property records.

b.

The conversion of a residential building designed and built as one dwelling unit into a multiple dwelling unit building is prohibited unless approved as a planned unit development pursuant to §2-400 and 5-300 of this chapter.

c.

Any existing conversion of a one dwelling unit building into a multiple dwelling unit building that does not conform to the current zoning regulations is classified as a non-conforming use.

d.

A residential building originally designed and built as one dwelling unit that was later converted into a multiple dwelling unit building, but has since lost its legal non-conforming status, cannot be reestablished as a multiple dwelling building unless approved as a planned unit development pursuant to §2-400 and 5-300 of this chapter.

6.2.12

RETAIL SALES/SERVICE (PERSONAL SERVICE-ORIENTED). In the C-1 district, the permitted Personal Service-Oriented uses shall be limited to those listed as examples in Section 11.2.5.e.3(b). The following uses shall be expressly prohibited: veterinarian clinics, animal hospitals, animal grooming, and kennels. (Am. #3719)

6.3 - ACCESSORY USES, BUILDINGS AND STRUCTURES.

The standards of this section shall apply to all accessory uses, buildings and structures unless otherwise expressly stated.

6.3.1

OUTDOOR TELEPHONE BOOTHS AND PAY PHONES. Outdoor telephone booths and pay phones shall be allowed as accessory uses in the PLI, C-1, C-2, C-3, CBD, M-1 and M-2 districts. They shall not be allowed in any residential zoning district.

6.3.2

HOME OCCUPATIONS.

a.

General. Some types of work can be conducted at home with little or no effect on the surrounding neighborhood. The home occupation regulations of this subsection are intended to permit residents to engage in customary home occupations, while ensuring that such home occupations will not be a detriment to the character and livability of the surrounding area. The regulations require that home occupations (an accessory use) remain subordinate to the allowed principal use (residential) and that the residential viability of the dwelling unit is maintained.

b.

Allowed Uses. The home occupation regulations of this subsection establish performance standards rather than detailed lists of allowed home occupations. Uses that comply with all of the standards of this subsection will be allowed as home occupations unless they are specifically prohibited. The home occupation must be clearly incidental to the use of the dwelling as a residence.

c.

Where Allowed. Home occupations that comply with the regulations of this section shall be allowed as an accessory use to any allowed residential use.

d.

Size. A home occupation may not occupy more than 25 percent of the floor area of the principal dwelling unit.

e.

Prohibited Uses.

1.

Vehicle and Large Equipment Storage/Repair. Any type of repair, assembly or storage of vehicles or equipment with internal combustion engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawn mowers, chain saws, and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts is prohibited as a home occupation.

2.

Dispatch Centers. Dispatch centers, where employees come to the site to be dispatched to other locations, are not allowed as home occupations.

3.

Animal Care or Boarding Facilities. Animal care or boarding facilities are not allowed as home occupations. This includes animal hospitals, kennels, commercial stables and all other types of animal boarding and care facilities.

4.

Food Service Businesses. Food service businesses, including all types of restaurants and food catering operations, shall be prohibited as home occupations.

f.

Resident-Operator. The operator of a home occupation shall be a full-time resident of the subject dwelling unit.

g.

Employees. A maximum of one full-time nonresident employee or 2 part-time nonresident employees shall be allowed in conjunction with a home occupation. For the purpose of this provision, the term "nonresident employee" includes an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation. The term "part-time" shall mean a maximum of 4 hours per day.

h.

Signs. No more than one nameplate sign with a maximum size of 2 square feet shall be allowed. Such sign must be attached to the building and may not be illuminated.

i.

Location. All activities and storage areas associated with home occupations must be conducted and located inside the principal dwelling unit, and not on the ground floor in accessory buildings or garages, whether attached or detached.

j.

Exterior Appearance. There shall be no visible evidence of the conduct of a home occupation (other than an allowed sign) when viewed from the street right-of-way or from an adjacent lot. There may be no change in the exterior appearance of the dwelling unit that houses a home occupation or the site upon which it is conducted that will make the dwelling appear less residential in nature or function. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, or adding commercial-like exterior lighting.

k.

Operational Impacts. No home occupation or equipment used in conjunction with a home occupation may cause odor, vibration, noise, electrical interference or fluctuation in voltage that is perceptible beyond the lot line of the lot upon which the home occupation is conducted. No hazardous substances may be used or stored in conjunction with a home occupation.

l.

Retail Sales and Display. No stock in-trade shall be stored, produced or sold upon the premises, other than those made on the premises. Samples may be kept but not sold on the premises.

m.

Customers. Customers may visit the site only during the hours of 8:00 a.m. to 8:00 p.m., and no more than 12 customers or clients may visit the site in any single day.

n.

Deliveries. Deliveries or pick-ups of supplies or products associated with Home Occupations are allowed only between 8:00 a.m. and 8:00 p.m. Vehicles used for delivery and pick-up are limited to those normally servicing residential neighborhoods. Tractor-trailers are expressly prohibited.

6.3.3

OTHER ACCESSORY USES.

a.

Lot Size. The accessory uses listed below may be located in Residential or DH zoning districts subject to the lot area and lot width requirements of the underlying zoning district (see Section 7.1) except as modified by the following standards.

Accessory Use Minimum Lot Area
(square feet)
Minimum Lot
Width (feet)
Guest Houses, Private 12,000 85
Employee Living Quarters, Detached 12,000 85
Individual Sewage Disposal Systems 15,000 1 100
Stables, Private 3 acre 2 250
Individual Water Systems 15,000 1 100

 

1

Unless required to be larger by State Board of Health requirements.

2

Three-acre minimum lot area for first horse, plus one acre per each additional horse.

b.

Setbacks.

1.

Residential Zoning Districts. (Am. #3239; #3468) Accessory uses in Residential, PLI or DH zoning districts shall be subject to the minimum setback standards of the underlying zoning district (see Section 7.1) except as modified by the following standards:

Accessory Use Setbacks (feet)
Front Street Side Interior Side Rear
Attached Accessory Structure Same as applies to Principal Building 2
Detached Accessory Structure 2 Same as Principal Building 3 3
Agricultural Buildings except Chicken Coops 100 100 100 100
Chicken Coops As established by Section 7.244(6) of the Code of General Ordinances
Boathouses, Private Same as Principal Building 3 None
Club Houses and other structures on the grounds of private clubs, golf courses, polo and tennis clubs 1 50 50 50 50
Mausoleums, crematories, and columbariums in cemeteries 1 50 50 50 50
Roadside stands on lots where the principal use is agriculture 20 20 100 100
Stables, private 100 100 100 100
Stadiums and grandstands 1 50 50 50 50

 

1

These accessory uses shall be set back at least 100 feet from all residential zoning districts and lots containing residential uses.

2

If a single-family or two-family residence has an existing or proposed front-yard setback greater than the minimum required setback, then a detached garage or accessory building may not be located closer to the front lot line than the existing residence or 100 feet whichever is less.

6.3.4

GENERAL STANDARDS FOR ACCESSORY BUILDINGS.

a.

Time of Establishment. No accessory building may be constructed on any zoning lot prior to the time of construction of the principal building.

b.

Height. No accessory building shall exceed the height of the principal building or structure or 18 feet, whichever is greater.

c.

Separation. A minimum distance of 6 feet shall separate detached accessory buildings from all other on-site accessory or principal buildings or structures.

d.

Garages for Single-Family and Two-Family Residences. (Am. #3239; #3574; #3701) Single-family and two-family residences may have attached garages not exceeding the ground floor dwelling unit area of the principal structure. In addition to any attached accessory garage, single-family and two-family residences may have no more than 2 detached accessory buildings on a zoning lot. In addition to any attached garage and 2 detached accessory buildings, single-family and two-family residences may have a detached accessory building not exceeding 40 square feet in area per unit if said building is designed and used exclusively for the storage of City-issued garbage and recyclable materials collection carts. The total area of all detached accessory buildings may not exceed 720 square feet or 10 percent of the zoning lot area, whichever is greater. Also, in no instance may any single detached accessory building for a single-family or two-family residence exceed 1,200 square feet in area. Indoor pools, greenhouses and enclosed porches shall be considered living space if attached to the principal structure. However, if these buildings are detached then they shall be considered accessory buildings. If a single-family or two-family residence has an existing or proposed front yard setback greater than the required minimum setback of this chapter, then a detached garage or accessory building may not be located closer to the front lot line than the existing residence or 100 feet, whichever is less.

e.

Garages for Multifamily Residences. (Am #3239) Multifamily residences may have attached garages not exceeding 720 square feet per dwelling unit. The number of detached accessory buildings may not exceed 2 per principal building unless the Plan Commission approves a detailed site plan of the entire zoning lot. This approval may be subject to special conditions such as design, setbacks, size, dimensions or landscaping. Detached accessory buildings consisting of garages and storage areas serving multi-family residences may not exceed 580 square feet per dwelling unit. Detached accessory buildings consisting of indoor pools, clubhouses or other recreational buildings serving an onsite residential complex shall not be limited by the restrictions of this subsection.

f.

Accessory Buildings for Institutional and Civic Uses. Institutional and civic uses may have no more than 2 detached accessory buildings on a zoning lot unless a detailed site plan of the entire property is approved by the Plan Commission. This approval may be subject to special conditions such as design, setbacks, size, dimensions or landscaping. Also, the total area of all detached accessory buildings may not exceed 10 percent of the zoning lot area.

g.

Accessory Buildings for Commercial and Industrial Uses. Commercial and industrial uses may have no more than 2 detached accessory buildings on a zoning lot unless a detailed site plan of the entire property is approved by the Plan Commission. This approval may be subject to special conditions such as design, setbacks, size, dimensions or landscaping. Also, the total area of all detached accessory buildings may not exceed 10 percent of the zoning lot area.

6.3.5

GENERAL STANDARDS FOR ACCESSORY STRUCTURES.

a.

Time of Establishment. No accessory structure, excluding fencing, may be constructed on any zoning lot prior to the time of construction of the principal building.

b.

Height. No accessory structure shall exceed the height limits of the zoning district in which the property is located.

c.

Separation. A minimum distance of 6 feet shall separate detached accessory structures from all other on-site accessory or principal buildings or structures.

6.4 - TEMPORARY USES.

6.4.1

GENERAL STANDARDS. The following standards apply to all temporary uses unless otherwise expressly stated, provided that the standards shall not apply to temporary greenhouses for seasonal sale of landscape material when operated in conjunction with and on the same lot as an existing retail use.

a.

Written permission from the subject property owner shall be submitted with the license or permit application.

b.

No permanent or temporary electrical connection shall be installed without an electrical permit and inspection.

c.

A building permit and inspection shall be obtained prior to the erection or construction of any temporary structure.

d.

Temporary structures shall be located at least 6 feet from any other buildings or structures.

e.

Setbacks may be established by the Zoning Officer.

6.4.2

TEMPORARY SALES STANDS AND OUTDOOR VENDORS. (Am. #3355, Am. #3626) No temporary sales stand or outdoor vending is allowed in any zoning district other than a PLI zoning district except as authorized by Section 8-600. In a PLI zoning district, outdoor vending shall be permitted as a temporary use provided the property owner has obtained an outdoor vending permit as required by §14.04 of the Code of General Ordinances of the City of Beloit. "Temporary" for the purposes of this subsection shall mean no more than 5 calendar days per calendar year and shall not involve the construction or alteration of any permanent structure.

6.4.3

CONTRACTOR'S OFFICE AND CONSTRUCTION EQUIPMENT SHEDS.

a.

Contractor's offices and construction equipment sheds shall be allowed in any zoning district when accessory to a permitted construction project. Unless otherwise approved by the Zoning Officer, contractor's offices and construction sheds must be located on the same lot as the construction project.

b.

No contractor's office or shed shall contain sleeping or cooking accommodations, except as necessary to accommodate security personnel.

c

The maximum length of time that a contractor's office or construction equipment shed may be located on a site shall be one year. The Zoning Officer may renew the permit if work is being diligently pursued on the project.

d.

Any such office or shed shall be removed upon completion of construction project.

6.4.4

HOUSEHOLD SALES. (Am. #3130) In zoning districts where residential uses are permitted, either as a matter of right or by Conditional Use Permit, an occupant of a residential zoning lot may conduct outdoor sales of his or her used personal property which, prior to the sale, was held exclusively for personal use and not for resale. Such sales (commonly known as garage or yard sales) shall be limited to 3 consecutive days each and no more than 2 such sales shall be conducted in any calendar year on the same residential zoning lot. In addition, an occupant of a residential zoning lot may conduct outdoor sales of produce, baked goods, beverages or items raised or produced on the zoning lot. There shall be no limit on the number of days during which such sales may be conducted. An occupant of a residential zoning lot may not conduct outdoor sales of items produced on the zoning lot in connection with a home occupation permitted under Section 6.3.2. No household sales shall be conducted, and no household items may be displayed, on any public sidewalk or public street or street right-of way.

6.4.5

TENTS FOR SPECIAL EVENTS. (Am. #3005) Tents may be erected in the City, but not within 30 feet of another person's residence, unless all of the occupants of the residence consent. No tent may be:

a.

Erected and maintained in any R-1A, R-1B, R-2, R-3, R-4 or DH zoning district for more than 7 continuous days or in any C-1, C-2, C-3, CBD, M-1, M-2 or PLI zoning district for more than 30 continuous days, unless a longer period of time is allowed by a conditional use permit granted by the City Council.

b.

Used for living quarters.

c.

Used for any purpose that would be detrimental to the public health, safety, morals, comfort, convenience or general welfare.

d.

Used for public entertainment, unless a public entertainment license required by §14.14 of the Code of General Ordinance of the City of Beloit is first obtained.