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Chilton City Zoning Code

ARTICLE II

DISTRICTS

Sec. 40-48. - Zoning districts established.

For purposes of this chapter, the city is hereby divided into the following zoning districts:

(1)

Residential districts.

a.

R-C Rural Character District. The R-C district is intended to maintain areas with limited development within the city that contain a rural character appeal as identified in the city's comprehensive plan. Intensive land use development shall be limited in this district in order to maintain the area as a buffer to adjacent town agricultural uses. Conversion (and rezoning) of land within the R-C district to more intensive land uses should only occur when planned growth warrants the need for additional lands.

b.

R-1 Single-Family Residential District. The R-1 district is intended to provide for single-family residential land uses in newer urban areas served by public sewers. The district is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible non-residential uses, and is for the exclusive location of single-family dwellings.

c.

R-2 One- and Two-Family Residential District. The R-2 district is intended to provide for one- and two-family dwellings in the more established areas of the city. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences.

d.

R-D Two-Family Residential District. The R-D district is intended to provide for two-family dwellings in urban areas outside the downtown served by public sewer. The district is also intended to provide an area protected from traffic hazards and safe from blighting influences.

e.

R-3 Multifamily Residential District. The R-3 district is intended to provide appropriate areas for multifamily land uses only in urban areas outside of the downtown served by public sewers. The district is also intended to provide rental housing in an area protected from traffic hazards.

f.

R-MF-D Multifamily Residential District (Downtown). The R-MF-D district is intended to provide appropriate areas for multifamily land uses in and around the downtown. The district is also intended to provide rental housing in an already built-up area.

g.

R-MH Mobile and Manufactured Home District. The R-MH district is intended to provide appropriate areas for manufactured homes on rented lots. Permitted use, conditions, and regulations per chapter 48 is incorporated herein by reference as if fully set forth herein.

(2)

Business districts.

a.

C-1 General Business District. The C-1 district is intended to provide an area for the businesses oriented towards the highway user, tourist, or temporary visitors to the city.

b.

C-2 Central Business District. The C-2 district is intended to provide an area for central business district needs of the community and to create an area of specialized retail and service business.

(3)

Industrial districts.

a.

I-1 Limited Industry District. The I-1 district is intended to provide for industry and manufacturing in areas suited for industry based on location, topography, existing streets and potential for utilities, and relationships to other uses. The I-l district is intended to keep out uses not compatible with industry.

b.

I-2 General Industry District. The I-2 district is intended to provide for industry and manufacturing that have potential blight producing impacts in areas suited for industry based on location, topography, existing streets and potential for utilities, and relationships to other uses. The I-2 district is intended to keep out uses not compatible with industry.

(4)

Conservation C Conservancy District.

a.

The C Conservancy District is established to preserve and perpetuate in an open state certain areas, such as lakes and waterways, wetlands and marshes, flood plains and stream beds, certain agricultural lands, slopes and other areas of aesthetic value, which because of their unique physical features, are deemed desirable and functional as natural drainage ways, water retention and erosion control areas, natural habitat for plant and animal life, green belts and other multi-purpose uses beneficial to the community.

b.

The regulations of the conservancy district are intended not only to preserve and perpetuate certain open space land and water areas for multiple purpose uses consistent with the intent and purpose of this chapter, but to also protect the community from the costs which may be incurred when unsuitable development occurs in certain areas. Development in the conservancy district is limited in character, although certain agricultural and recreational uses are permitted when controlled by specific limitations.

c.

No building or land shall be used and no building shall be hereafter erected or structurally altered, unless otherwise provided in this chapter.

(5)

Planned Unit Development District. The PUD District is intended to provide areas for residential, commercial, or mixed use planned development. The purpose of the planned unit development district and applicable regulations is to encourage desirable, quality development through greater flexibility and design freedom than that permitted under the basic district regulations. For projects conceived and implemented as comprehensive and cohesive developments, regulations are established to permit and encourage diversification, variation and creativity in the relationship of uses, structures and heights of structures; encourage the preservation of open space; and encourage more rational, economic development with respect to the provisions of public services. PUDs shall conform to the site plan as filed with the city; shall be consistent with the purpose of this chapter; shall include adequate community facilities; shall in all respects conform to the subdivision regulations of the city except for specified waivers of certain provisions. See article IV of this chapter for PUD requirements and procedures.

(Code 2001, § 16.06(1))

Sec. 40-49. - Zoning district map.

The boundaries of the districts as established by this article are shown on the map attached to the ordinance from which this article is derived, which is designated as the "zoning district map," which is properly approved and filed with the city clerk. The district boundary lines on the map are intended to follow street right-of-way lines, street centerlines, or lot lines unless such boundary line is otherwise indicated on the map. In the case of un-subdivided property, or in any case where street or lot lines are not used as boundaries, the district boundary lines shall be determined by use of dimensions or the scale appearing on the map.

(Code 2001, § 16.06(2))

Sec. 40-50. - Basic district regulations.

The following table shows the basic regulations for each zoning district. Refer to section 40-51 for clarifications and exceptions as noted by an asterisk (*) in the table.

Zoning DistrictLot SizeMin Setbacks (Ft)Min Open Space(% of Lot)Max Building Height (Ft)*
Min AreaMin Width (Ft)Front*Side* (Single/ Abutting Street/ Combined Sides)Rear*
R-C Rural
Character
1 acre (max area: 1.5 acre; max residential units per parcel: 2)* 150 50 20/50/50 50 70% 40
R-1 Single-Family
Residential
7,200 sf 60 25 8/20/20 25 25% 45/3 stories
R-2 One- &
Two-Family
Residential
4,500 sf/unit 60 25 8/20/20 25 25% 45/3 stories
R-D Two-Family
Residential
4,500 sf/unit 60 25 8/20/20 25 25% 45/3 stories
R-3 Multifamily
Residential
3-4 unit structure: 8,000 SF/unit 60 25 8/20/20 25 35% 45/3 stories
5+ units: 2,000 sf/unit (efficiency); 2,500 sf/unit (one-bedroom)
3,000 SF/ unit
(two+ bedrooms)*
R-MF-D Multifamily
Residential
(Downtown)
6,000 SF 40 0 -/10/- 25 10% 45/3 stories
R-MH Manufactured
Home
Per chapter 48 which is incorporated herein by reference as if fully set forth herein
C-1 General
Business
15,000 sf 100 15 7/15/15
Adjacent to residential districts: additional 2 ft + 1 ft/story over 2
20
(1 story)
25
(2+ stories)
10% 45/3 stories
C-2 Central
Business
All uses exempt from lot size, lot width, yard, and off-street parking requirements.
I-1 Limited
Industry
5,000 sf 50 15 10/15/20 25 10% 75/6 stories
I-2 General
Industry
5,000 sf 50 15 10/15/20 25 10% 75/6 stories
C Conservancy No building shall be erected or structurally altered, unless otherwise provided in this chapter
PUD Planned
Unit
Development
See article IV of this chapter

 

(Code 2001, § 16.07)

Sec. 40-51. - Clarifications and exceptions.

(a)

Front setback. Where adjoining structures existing at the time of adoption of the ordinance from which this article is derived have a different setback from that required the plan commission shall determine the necessary front yard setback in such cases. However, in no case shall a building be required to setback more than 60 feet, except where an industrial district is adjacent to a residential district.

(b)

Side and rear setbacks. Buildings may be excluded from side and rear setback requirements if party walls are used and if the adjacent buildings are constructed as an integral unit. Party walls must be of two-hour fire-resistant construction. In any business or industrial district, side and rear yard requirements on properties abutting a public alley or railroad trackage may be waived.

(c)

Building height. Height limitations may be increased by 50 percent for the following structures: church spires, belfries, water towers, flag poles, smokestacks, cooling towers and elevator equipment. Heights in excess of those allowed under this section shall be permitted only by a conditional use permit granted by the city council determining that such structure would not be dangerous and would not adversely affect the adjoining property.

(d)

R-C Rural Character District. The following restrictions shall apply to the R-C Rural Character District:

(1)

Residential density defined. For purposes of this section, the term "residential density" means the number of single-family housing units per gross land area (measured in acres). Within each development parcel, gross land area includes wetlands, easements, and road rights-of-way.

(2)

Maximum permitted density. Each parcel at least two acres in size as of July 29, 2011, is limited to a maximum of two residential dwelling units/lots (including any existing homes). This effectively creates higher residential densities on existing smaller parcels (where land is already divided), and lower densities on existing larger parcels (where there is more potential for preservation until planned growth is warranted). For reference, the effective maximum densities are as follows:

a.

Parcels between two and five acres: one unit per acre to one unit per 2.5 acres.

b.

Parcels between five and ten acres: one unit per 2.5 acres to one unit per five acres.

c.

Parcels between ten and 20 acres: one unit per five acres to one unit per ten acres.

d.

Parcels between 20 and 40 acres: one unit per ten acres to one unit per 20 acres.

e.

Existing parcels smaller than two acres (without an existing home) are eligible for a residential dwelling unit provided all other zoning district regulations can be met.

(3)

Density management. Residential density within the rural character district will be tracked by the city for each parcel. When the maximum residential density is achieved, no further residential units will be allowed unless planned growth warrants a need for a rezoning.

(4)

Residential lot location. Residential lots shall be located so that:

a.

They are grouped together to form clusters and surrounded by open space;

b.

Impacts to natural resources and environmentally sensitive areas are minimized including wetlands, floodplains, drainage ways, woodlands, and slopes over 12 percent;

c.

Negative impacts to historic and cultural resources are minimized;

d.

Negative impacts to prime agricultural land and large tracts of productive farmland are minimized.

The location of lots should avoid interference with normal agricultural practices.

(5)

Minimum side yards. The minimum side yard shall be 20 feet for accessory structures and 20 feet for animal-related agricultural accessory structures.

(6)

Minimum rear yards. The minimum rear yard shall be 20 feet for accessory structures and 50 feet for animal-related agricultural accessory structures.

(e)

R-3 and R-MF-D residential districts. R-3 and R-MF-D residential districts are subject to the following floor area per dwelling unit (three or more unit structures):

(1)

Efficiency units: 400 square feet.

(2)

One-bedroom units: 540 square feet.

(3)

Two-bedroom units: 720 square feet.

(4)

An additional 120 square feet is required for each bedroom over two bedrooms.

(Code 2001, § 16.08)

Sec. 40-76. - Land use table.

The following table includes the permitted and conditional uses for each zoning district. Permitted uses are indicated with a "P," permitted accessory uses with an "A," and conditional uses with a "C." More information including land use definitions, and in some cases specific standards and exceptions are included in sections 40-77 through 40-82.

Definitions, Standards,
& Exceptions
Reference
Rural Character
Single-Family
Residential
One & Two-Family
Residential
Two-Family
Residential
Multifamily
Residential
Multifamily
Residential -
Downtown
General Business
Central Business
Limited Industry
General Industry
Land UsesR-CR-1R-2R-DR-3R-MF-DC-1C-2I-1I-2
Agricultural/Open Space Land Uses40-77
Agriculture—cultivation (1) P - - - - - - - - -
Animal boarding and breeding services (2) C - - - - - - - - -
Customary agricultural accessory uses and structures (3) P - - - - - - - - -
On-site agricultural retail (4) A - - - - - - - - -
Horses and accessory private stables (5) P - - - - - - - - -
Horse riding academies—commercial (6) C - - - - - - - - -
Residential Land Uses40-78
Customary residential accessory uses and structures (1) A A A A A A - - - -
Dwelling—single-family (2) P P P P - - - - - -
Dwelling—two-family (3) - - C P - - - - - -
Dwelling—multifamily (4) - - - - P P
Dwellings above commercial uses (5) - - - - - - - C - -
Home occupation (6) C C C C - - - - - -
Commercial Land Uses40-79
Adult cabaret (1) - - - - - - - C C -
Bed and breakfast (2) P P P P - - - - - -
Group day care center (3) - - C C C C C C - -
Entertainment and service—indoor commercial (4) - - - - - - C C - -
Greenhouses and nurseries—commercial (5) C - - - - - P P - -
Indoor lodging—commercial (6) - - - - - - P P - -
Indoor retail sales activity as an accessory use to industrial, storage, or wholesaling (7) - - - - - - - - C C
In-vehicle sales and service (8) - - - - - - C
Maintenance service—indoor (9) - - - - - - P P P P
Maintenance service—outdoor (10) - - - - - - - - C C
Outdoor display and sale—long term (11) - - - - - - P C C C
Parking garage—commercial (12) - - - - - - A A A A
Personal storage (13) - - - - - - - - C C
Personal or professional service (14) - - - - - - P P - -
Professional offices (15) - - - - - - P P - -
Resort (16) C - - - - - - - - -
Retail sales and service—indoor small (17) - - - - - - P P - -
Retail sales and service—indoor medium (18) - - - - - - P C - -
Retail sales and service—indoor large (19) - - - - - - C C - -
Storage or wholesaling—indoor (20) - - - - - - P C P P
Storage or wholesaling—outdoor (21) - - - - - - C - C C
Veterinary services—domestic animals (22) - - - - - - C - - -
Industrial Land Uses40-80
Auto wrecking yard, junkyard or salvage yard (1) - - - - - - - - C C
Contractor shop and yard (2) - - - - - - - - C C
Light industry accessory activity as an accessory use to retail sales or service (3) - - - - - - C C C C
Small engine repair (4) C C C - - - - - - -
Industrial—light (5) - - - - - - - - P P
Industrial—heavy (6) - - - - - - - - - P
Park/Recreation Land Uses40-81
Camps and campgrounds (1) C - - - - - - - - -
Outdoor public recreation and parks—passive (2) P P P P P P P P - -
Outdoor public recreation and parks—active (3) C C C C C C C C - -
Public/Institutional/Utility Land Uses40-82
Airports (1) - - - - - - - - C C
Bus terminals (2) - - - - - - C C P P
Churches and similar places of worship (3) C C C C C C C C - -
Communication towers (4) - - - - - - C - C C
Community-based residential facilities (5) - - - - C C - - - -
Essential services (6) C C C C C C C C C C
Governmental and cultural uses—non-industrial (7) - C C C C C C C C C
Rest and nursing homes (8) - - C C C C - - - -
Truck and freight terminals (9) C C

 

(Code 2001, § 16.09(1); Ord. No. 1129, 4-5-2016)

Sec. 40-77. - Agricultural/open space uses.

The following uses are considered suitable land uses for agricultural/open space districts:

(1)

Agriculture. Land uses that include crop or forage production, nursery, sod, or Christmas tree production, floriculture, forestry operations consistent with DNR best management practices and guidelines, and any other use that the department of agriculture, trade, and consumer protection, by rule, identifies as an agricultural use related to cultivation. Animal husbandry (breeding and raising livestock or wild animals) is not permitted without a conditional use permit. Animal husbandry uses currently in existence will require a conditional use permit for any expansion in operation. Livestock and wild animals shall be defined by Wis. Admin. Code ch. ATCP 17.

(2)

Animal boarding and breeding services. The use of land, with related buildings or structures, for the breeding, rearing, grooming, training, selling, or boarding of more than four dogs or other domesticated animals over six months of age.

(3)

Customary agricultural accessory uses and structures.

a.

Buildings, structures, or improvements that are an integral part of, or incidental to, an agricultural use or keeping of horses; and

b.

Activities or business operations that are an integral part of, or incidental to, an agricultural use.

(4)

On-site agricultural retail. Land uses that include operations associated with the sale of agricultural products grown exclusively on the site or exclusively by the farm operator. Packaging and equipment used to store, display, package, or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off-site. Roadside stands shall not exceed 12 feet in total height or 200 square feet in floor area, and no portion of any such stand shall be located or erected nearer than 50 feet from any street line (all other setbacks outlined in this chapter must also be followed). In addition, off-street customer parking shall be limited to no more than three vehicle spaces. Any on-site agricultural retail that exceeds these requirements shall be considered through the conditional use process.

(5)

Horses and accessory private stables. Keeping, raising, and breeding of horses not to exceed one horse per two acres of land area excluding surface water. This ratio may be exceeded only through conditional use.

(6)

Horse riding academies, commercial. Operation of commercial riding schools, academies, including associates' stables, structures, and tracks, and trails.

(Code 2001, § 16.09(2); Ord. No. 1129, 4-5-2016)

Sec. 40-78. - Residential land uses.

The following uses are considered suitable land uses for residential districts:

(1)

Customary residential accessory uses and structures. Land uses and structures clearly incidental to the primary permitted residential use, such uses as private garages, swimming pools, carports, storage sheds, and decks. A private garage is an accessory building or accessory portion of the principal building which is intended for and used to store the vehicles of families resident upon the premises, and in which no business, service or industry is carried on, provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises, except that all the space in a garage of none or two car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle. The load capacity of such commercial vehicle shall not exceed one ton.

(2)

Single-family dwelling. A detached building designed, arranged or used for and occupied exclusively by one family.

(3)

Two-family dwelling. A building designed, arranged or used for and occupied exclusively by, two families living independently of each other.

(4)

Multifamily dwelling. A building designed, arranged or used for and occupied by three or more families living independently of each other, which may include apartments, condominiums, row housing, and similar units.

(5)

Dwellings above commercial uses. Residential units in buildings where commercial uses occupy the lower floors and residential units occupy the second story or higher.

(6)

Home occupation. Any gainful occupation or profession engaged in by the occupant of a dwelling or from the dwelling when carried on within the dwelling unit as follows, and not in an accessory building, provided that no signs other than those normally utilized in a residential district are present:

a.

No stock in trade is stored on the premises, over the counter retail sales are not involved, and entrance to the home occupation is gained from within the structure.

b.

Such uses may include professional offices, family day care (following all state requirements), minor repair services, photo or art studio, dressmaking, barber shops, beauty shops, or teaching and similar uses; provided, however, a home occupation shall not be interpreted to include tourist homes, restaurants, or similar uses, or any use that produces excessive noise or odors.

c.

Teaching shall be limited to four students at any given time.

d.

A home occupation may include one person employed other than the occupant.;

e.

No home occupation shall be permitted that results in the need for more than two parking spaces at any given time in addition to spaces required by the occupant of the home.

f.

The home occupation shall be limited to no more than 25 percent of the floor area of the principal building, and shall not utilize any secondary buildings or structures.

g.

One unlighted sign not over three square feet in area.

(Code 2001, § 16.09(3); Ord. No. 1129, 4-5-2016)

Sec. 40-79. - Commercial land uses.

The following uses are considered suitable land uses for commercial districts:

(1)

Adult cabaret. A nightclub, dance hall, bar, tavern, restaurant, or similar commercial establishment, whether or not licensed under Wis. Stats. ch. 125 which features live, nude dancing or live, semi-nude dancing, as defined in section 20-182. This does not include a live dance, ballet, musical or dramatic performance of serious artistic merit that features nudity or semi-nudity and in which the predominant attraction is not to provide sexual or erotic stimulation or gratification to the customers or patrons.

a.

An adult cabaret is a conditional use in the C-2 and I-1 districts. In addition to those conditions prescribed by this Code, state law and those imposed by the city council to protect the health, safety and welfare of the community, the following conditions shall apply to an adult cabaret:

1.

No adult cabaret may be located within 250 feet of a school; library; licensed day-care center; public park; medical clinic; hospital; church or regular place of religious worship; or a residence in any residential zoned district.

2.

No adult cabaret shall allow, nor shall any person engaged in live, nude dancing or live, semi-nude dancing have any physical contact with any other person, employee, or patron, live, nude dancing and live, semi-nude dancing shall only occur on a stage or table that is elevated at least 18 inches above the immediate floor level. to prevent actual physical contact between a person engaged in live, nude dancing or live, semi-nude dancing and another person, employee, or patron, all such nude and semi-nude dancing shall not be less than five feet from an area occupied by any patron.

3.

A premises licensed under Wis. Stats. ch. 125 shall be subject to the provisions of chapter 20, article VI, division 3 which prohibits live, nude dancing.

b.

Penalties:

1.

Enforcement of this section shall be in accordance with section 40-362 (which by reference subjects a violation or noncompliance to the penalty provisions of section 1-12).

2.

In addition, a premises licensed under Wis. Stats. ch. 125 is subject to license suspension, revocation, or non-renewal as provided in chapter 20, article VI, division 3.

3.

A violation of this section is declared to be a public nuisance in accordance with section 18-1, subject to civil abatement procedures.

(2)

Bed and breakfast. A place of lodging that provides a maximum of two rooms for rent in a personal residence occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast and length of stay does not exceed seven days.

(3)

Group day care center. A child care center that is licensed by the state department of health and social services, which provides for compensation supervision and care or instruction for four or more children for periods of less than 24 hours per day at a location.

(4)

Entertainment and service, indoor commercial. Land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours that extends significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, microbreweries, theaters, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.) Bowling alleys, arcades, roller rinks, and pool halls. Such land uses do not include adult cabarets. Microbreweries are facilities where beer, fermented on the premises, is bottled or kegged and sold, and where food may or may not be sold for eat in or carry out. The volume of production of such facility may not exceed 100,000 gallons per year.

(5)

Greenhouses and nurseries, commercial. Structures, from which plants, seedlings, seeds, trees, and those items related to cultivation are sold, traded or bartered to the public.

(6)

Indoor lodging, commercial. Land uses, including hotels and motels, which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, arcades, fitness centers, and other on-site facilities available to non-lodgers are not considered accessory uses and therefore require review as a separate land use. Motels shall contain at least 600 square feet of lot area per unit, except that there shall be at least 1,000 square feet of lot area per unit, intended for permanent occupancy (two weeks or more) by a family.

(7)

Indoor retail sales activity as an accessory use to industrial, storage, or wholesaling. Land uses that include any retail sales conducted exclusively indoors which is clearly incidental to an industrial facility or indoor storage and wholesaling facility, on the same site.

(8)

In-vehicle sales and service. Land uses which perform sales or services to persons in vehicles, or to vehicles which may be occupied at the time of such activity. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel and service stations, and all forms of car washes. Service stations are facilities where gasoline, kerosene, or other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. Includes greasing and oiling and the sale of automobile accessories on the premises. Also included minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 1½ tons capacity. It shall not include general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service, including body, frame or fender straightening or repair, overall painting or paint job, vehicle steam cleaning.

(9)

Maintenance service, indoor. Land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building.

(10)

Maintenance service, outdoor. Land uses which perform maintenance services, including repair, and have all, or any portion, of their operations located outside of an enclosed building.

(11)

Outdoor display and sale, long term. Land uses which conduct sales or display merchandise or equipment on a long-term basis outside of an enclosed building as a principal accessory use of the lot. Examples of such land uses would include vehicle and equipment sales and rental, manufactured housing sales, monument sales, and garden centers. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junk or salvage yard or other permanent outdoor land uses specifically defined by the this chapter.

(12)

Parking garages, commercial. Parking garages or structures for employees, customers, or commercial vehicle and equipment storage.

(13)

Personal storage. Land uses oriented to the indoor storage of personal items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as "mini-warehouses."

(14)

Personal or professional service. Land uses that are exclusively indoors whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such land uses include, but are not limited to, professional services, insurance services, realty offices, financial services, medical offices and clinics, veterinary clinics, barber shops, beauty shops, and related land uses.

(15)

Professional offices. Offices of engineers, architects, lawyers, consultants, and similar professions including related administrative functions not dependent on walk-in traffic or appointments from the general public.

(16)

Resort. Any structure or group of structures containing more than two dwelling units or separate sleeping quarters designed or intended to serve as a seasonal or temporary dwelling on a rental or lease basis for profit, the primary purpose of the structure or structures being recreational in nature. Accessory uses may include: a grocery for guests only, fish cleaning house, marine services, boat landing, recreational areas and equipment, and similar uses normally associated with and incidental to resort operation.

(17)

Retail sales and service, indoor small. Land uses which conduct or display sales or rental merchandise or equipment, or non-personal or non-professional services, entirely within an enclosed building with a footprint smaller than 20,000 square feet. This includes general merchandise stores, grocery stores, sporting goods stores, antique stores, gift shops, laundromats, artisan and artist studios, bakeries, and the like. Artisan craft production such as consumer ceramics, custom woodworking, or other production activities directly associated with retail sales are regulated as "light industry accessory activity as an accessory use to retail sales or service."

(18)

Retail sales and service, indoor medium. Land uses which conduct or display sales or rental merchandise or equipment, or non-personal or non-professional services, entirely within an enclosed building with a footprint of 20,000 square feet to less than 50,000 square feet.

(19)

Retail sales and service, indoor large. Land uses which conduct or display sales or rental merchandise or equipment, or non-personal or non-professional services, entirely within an enclosed building with a footprint of 50,000 square feet or greater.

(20)

Storage or wholesaling, indoor. Land uses primarily oriented to the receiving, holding, and shipping of materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Uses described in the "personal storage facility" land use category are not included. Retail outlets associated with this principal use shall be considered an accessory use.

(21)

Storage or wholesaling, outdoor. Land uses primarily oriented to the receiving, holding, and shipping of materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Examples of this land use include equipment yards, lumber yards, coal yards, landscaping materials yard, tank farms, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. Contractors' storage yards are considered accessory in the "contractor shop" land use category. Retail outlets associated with this principal use shall be considered an accessory use.

(22)

Veterinary services, domestic animals. Indoor veterinary services including animal clinics and hospitals for domestic animals (does not include livestock services). Also includes indoor grooming, but excludes animal boarding not related to medical services.

(Code 2001, § 16.09(4); Ord. No. 1129, 4-5-2016)

Sec. 40-80. - Industrial land uses.

The following uses are considered suitable land uses for industrial districts:

(1)

Auto wrecking yard, junk or salvage yard.

a.

Automobile wrecking yard. Any premises where three or more inoperative vehicles (including recreational vehicles) are stored which are not registered and which do not possess current state auto licenses.

b.

Junk or salvage yard. An area consisting of buildings, structures, or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.

(2)

Contractor shop and yard. Land uses that include businesses engaged in contract services or labor, such as contractors involved with landscaping; building construction or carpentry; and electrical, plumbing, or heating systems. Often involves accessory equipment storage yards and rental of equipment commonly used by contractors.

(3)

Light industry accessory activity as an accessory use to retail sales or service. Land uses that include any light industrial activity conducted exclusively indoors which is clearly incidental to indoor sales or service, on the same site.

(4)

Small engine repair. Small engine repair and service including dirt bikes, snowmobiles, ATVs, lawnmowers, snow blowers, and similar equipment.

(5)

Industrial, light. Land uses which operations (with the exception of loading operations):

a.

Are conducted entirely within an enclosed building;

b.

Are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line;

c.

Do not pose a significant safety hazard (such as danger of explosion); and

d.

Comply with all of the applicable performance standards in article III of this chapter. Applicants for building permits in the I-1 district shall submit such evidence as may be required by the building inspector to ensure compliance with the performance standards. Should the building inspector have any doubt as to the ability of any proposed use to meet the required standards, the matter shall be referred to the plan commission which shall make a recommendation to the city council which shall grant or deny the application.

(6)

Industrial, heavy. Land uses which meet one or more of the following criteria:

a.

Are not conducted entirely within an enclosed building;

b.

Are potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line;

c.

Pose a significant safety hazard (such as danger of explosion);

d.

Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers (excluding microbreweries); paper, pulp or paperboard producers; chemical and allied product producers (except drug producers), including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.

(Code 2001, § 16.09(5); Ord. No. 1129, 4-5-2016)

Sec. 40-81. - Park/recreation land uses.

The following uses are considered suitable land uses for park/recreation districts:

(1)

Camps and campgrounds. Land uses designed, maintained, intended or used for the purpose of providing camping sites for nonpermanent overnight use to accommodate not more than one recreational vehicle (RV), motor home, pick-up coach, travel trailer, camping trailer, park model, or tent per site. This use also includes facilities for use by campers including restrooms/showers, active and passive recreation areas, office/convenience store buildings, and necessary accessory uses. Any public or private parcel of land containing two or more recreational vehicles used for habitation and occupied 24 hours or longer shall be deemed a campground or camping resort. In any residential zone each home or cottage owner shall be permitted only one recreational vehicle to be parked on his premises for storage purposes only. These units are not to be rented, leased, or used for habitation purposes at any time.

(2)

Outdoor public recreation and parks, passive. Land uses that include recreational uses located on public or private property which involves passive recreational activities. Passive uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, ski trails, open grassed areas not associated with any particular active recreational land use, picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.

(3)

Outdoor public recreation and parks, active. Land uses that include recreational uses located on public or private property which involves active recreational activities. Active uses include play courts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, golf courses, sportsmen's clubs, public fairgrounds, and similar land uses.

(Code 2001, § 16.10(6); Ord. No. 1129, 4-5-2016)

Sec. 40-82. - Public/institutional/utility land uses.

The following uses are considered suitable land uses for public/institutional/utility districts:

(1)

Airports. Including landing strips, control towers, hangars, aircraft maintenance and refueling facilities, and accommodations for passengers and cargo.

(2)

Bus terminals. A terminal or depot that serves bus passengers and includes ticketing offices, bus maintenance, and storage/parking.

(3)

Churches and similar places of worship. A building, together with its accessory buildings and uses, where persons regularly assembly for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

(4)

Communication towers. Land uses that include free-standing broadcasting, receiving, or relay structures, and similar principal land uses.

(5)

Community-based residential facilities. A place where five or more unrelated adults reside in which care, treatment or services above the level of room and board, but not including nursing care, are provided to persons residing in the facility as a primary function of the facility. Community living arrangements do not include day care centers, nursing homes, general hospitals, special hospitals, prisons, or jails.

(6)

Essential services. Overhead or underground transmission facilities of electric power, gas, water, telephone and railroad companies. These include electric power transmission lines, gas pipe lines, telephone lines, water pumping, reservoir, and distribution facilities, including poles, wires, mains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals or similar equipment, railroad trackage, but not including buildings, storage, and switching yards.

(7)

Governmental and cultural uses, non-industrial. Facilities such as fire and police stations, government offices, highway storage garages, cemeteries, funeral homes, hospitals, schools, community centers, libraries, public emergency shelters, clubs or lodges, museums, and similar uses. Public (government) garages are buildings or spaces for the repair or maintenance of motor vehicles but not including factory assembly of such vehicles, auto wrecking establishments or junk yards.

(8)

Rest and nursing homes. A private home for the care of children or the aged or infirm or place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity care or care for mental illnesses or infirmities. The outward appearance of these facilities shall be residential in nature and be compatible with the surrounding neighborhood to the greatest degree possible.

(9)

Truck and freight terminals. Land uses that include facilities oriented to the short-term storage and trans-shipment of materials, or the outdoor storage of trucks and related equipment.

(Code 2001, § 16.09(7); Ord. No. 1129, 4-5-2016)